James & Haverstock v. Dalbey
Supreme Court of Iowa
Appeal from Hamilton District Gourt. — Iíon. B. P. Birdsall, Judge. Suit in equity upon a promissory note signed by P. R. Dalbey, and to establish and foreclose a mechanic’s lien upon the property of Roxanna Dalbey. Defendant P. R. Dalbey pleaded that the note was obtained through fraud and duress, and that it had been materially altered since its execution.
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Appeal from Hamilton District Gourt. — Iíon. B. P. Birdsall, Judge. Suit in equity upon a promissory note signed by P. R. Dalbey, and to establish and foreclose a mechanic’s lien upon the property of Roxanna Dalbey. Defendant P. R. Dalbey pleaded that the note was obtained through fraud and duress, and that it had been materially altered since its execution. Roxanna Dalbey says that the improvement which was placed upon her property, to-wit, lightning rods, was without her consent and against her protest, and that her husband, P. R. Dalbey, had no authority from her to contract for the…
1Opinion of the CourtDeemer, J.
1 The note in suit was given in compromise of a claim for lightning rods which were erected upon a house and barn belonging to Boxanna Dalbey. It appears from the evidence that Boxanna objected to the purchase of the rods, and that this objection was made known to the agent who took the contract for the improvements. She said to her husband, in the presence of this agent, that if he (the husband) entered into the contract, hei must pay for the rods with his money. She knew tire rods were being erected, but she at all reasonable times protested against in -Under such a state of facts, no lien…
2Cases cited15 opinions
- Brown v. PierceSupreme Court of the United States · 1869
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- McCormack v. MolburgSupreme Court of Iowa · 1876
- McKinney v. HerrickSupreme Court of Iowa · 1885
- Rowley v. JewettSupreme Court of Iowa · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mayo Arcade Corporation v. Bonded Floors Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Kiler v. WohletzSupreme Court of Kansas · 1909
- New York Life Insurance v. Chittenden & EastmanSupreme Court of Iowa · 1907
- Wilbur v. BlanchardIdaho Supreme Court · 1912
- Himmelberger v. Central State BankSupreme Court of Iowa · 1925
6 more not listed; retrieve them via the Exa API.