Tuttle v. Chapman
Supreme Court of Iowa
Appeal from, Floyd District Court. ACTION on a promissory note. The answer alleged, among other defenses, that on the 11th day of November, 1857, John 0. Bishop gave the plaintiff an order for the sum of twenty-five dollars, on one James Griffith. The other facts are stated in the opinion of the court.
1Opinion of the CourtLowe, C. J.
The refusal of the court to instruct the jury that a certain order of twenty-five dollars described in the bill of exceptions, should be regarded as a payment to that extent upon the plaintiff’s demand, is the only error charged in this case.
This instruction was asked upon the following state of facts, as shown by the bill of exceptions. On the trial it was proved that the plaintiff received from the defendant Kelly, an order of $25.00 drawn by John Bishop, upon one James Griffith, which if collected, was to apply as a payment upon the plaintiff’s claim.
It was presented for payment by…
2Cited by3 opinions
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