Legal Opinion

Merrick v. Burlington & Warren Plank Road Co.

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 7 opinions

Appeal from Des Moines District Court. Suit on a promissory note which plaintiff claims was made by the Plank Road Company to one Kendall and by him indorsed so that it is now plaintiffs property. The questions arise upon objections made by defendants to certain testimony, as also to the instructions of the Court, for which see the opinion.

1Opinion of the Court

Wright. J.

One question made, it seems, on the trial below, was whether the note was presented for payment at the proper office of the Company, so as to bind the indors*75ers. The Company was organized under the laws of the State of Illinois, and the note sued on is as follows:

“One year after date, the Burlington & Wárren Plank Road Company, by H. E. Bartlett, Secretary, promise to pay R. C. Randall or order, four hundred and fifty dollars, for value received, with ten per cent interest from date.

H. E. Bartlett, Secretary.

The defendants on trial introduced the Secretary of the Company to prove…

2Cases cited1 opinion

  1. Ring v. County of JohnsonSupreme Court of Iowa · 1858

3Cited by7 opinions

  1. Pennsylvania Lightning Rod Co. v. Board of EducationWest Virginia Supreme Court · 1882
  2. Dubuque Female College v. District TownshipSupreme Court of Iowa · 1862
  3. Muscatine Water Co. v. Muscatine Lumber Co.Supreme Court of Iowa · 1892
  4. Homesteaders Life Assn. v. SalingerSupreme Court of Iowa · 1931
  5. Hosteter v. Wear-U-Well Shoe Co.Supreme Court of Iowa · 1915

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