Dudman v. Earl
Supreme Court of Iowa
Appeal from Wapello Circuit Court. . On the 26th day of October, 1874, the defendants executed to John H. Dorland their negotiable promissory note for one thousand five hundred and sixty-five dollars, payable in twelve months from date, with interest at ten per cent. Said note was indorsed in blank by Dorland to the plaintiff, before maturity.
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Appeal from Wapello Circuit Court. . On the 26th day of October, 1874, the defendants executed to John H. Dorland their negotiable promissory note for one thousand five hundred and sixty-five dollars, payable in twelve months from date, with interest at ten per cent. Said note was indorsed in blank by Dorland to the plaintiff, before maturity. On the 10th day of September, 1875, the plaintiff indorsed said note in blank, and placed it in the hands of the cashier of the Bank of Carthage, Mo., to be sent to the First National Bank of Ottumwa. Iowa, for collection. Said cashier then indorsed…
1Opinion of the Court
Rothrock, Ch. J.
1. appeal: judgment: payment of. I. It appears from the abstract that after ■ the decision of the court was- announced, rendering judgment against the defendants for the amount tendered, and ordering them to bring said money (which was yet in the bank) into court at the close of the trial, and before judgment was entered, the defendants, in obedience to said order, deposited the money with the clerk, for plaintiff, “and plaintiff received the same.”
The defendants insist that the plaintiff waived his rights to appeal by accepting the tender. A motion is submitted with *40the case…
2Cited by11 opinions
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- Anglo-American Land, Mortgage & Agency Co. v. BushSupreme Court of Iowa · 1892
- Clairview Park Improvement Co. of Grosse Pointe, Ltd. v. Detroit & Lake St. Clair RailwayMichigan Supreme Court · 1910
- Belle Fourche Valley Ry. v. Belle Fourche Land & Cattle Co.South Dakota Supreme Court · 1911
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