Ramot v. Schotenfels
Supreme Court of Iowa
Appeal from Polk District Court. Plaintiff and one Herman owned a tract of land, which was sold, and the entire consideration received by Herman. Herman resided in Polk, and plaintiff' in Johnson County. The portion belonging to plaintiff, Herman desired to transmit to Iowa City. Defendant offered to pay it there, through his brother, with whom he represented he was in partnership.
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Appeal from Polk District Court. Plaintiff and one Herman owned a tract of land, which was sold, and the entire consideration received by Herman. Herman resided in Polk, and plaintiff' in Johnson County. The portion belonging to plaintiff, Herman desired to transmit to Iowa City. Defendant offered to pay it there, through his brother, with whom he represented he was in partnership. The money was delivered to defendant, who executed his promissory note to Herman’s order, and he (being a German and but little acquainted with business), received it as a draft payable at Iowa City. At the same…
1Opinion of the Court
Wright, Ch. J.
The note is dated October 19th, 1857, and the agreement relied upon by defendant, was made December 9, 1857. ' If this defense is to avail, it is upon the principle that it is a covenant never to sue, that if not technically equivalent to, it at least operates as a release, and may be so treated, and allowed to avoid circuity of actions. To give it this character, however, it must be a covenant never to sue. If not of this nature it cannot be treated as a release, nor pleaded in bar of the action. And we have found no case that would hold this to be an agree-. ment never to sue…
2Cases cited3 opinions
- Chandler v. HerrickNew York Supreme Court · 1821
- Reed v. ShawIndiana Supreme Court · 1823
- Harvey v. HarveyIndiana Supreme Court · 1852
3Cited by6 opinions
- Jenkins v. KarltonCourt of Appeals of Maryland · 1993
- Works v. HersheySupreme Court of Iowa · 1872
- Smithers v. JunkerU.S. Circuit Court for the Northern District of Illnois · 1889
- Dille v. LongwellSupreme Court of Iowa · 1920
- Astra v. Sugar Products Co.Appellate Division of the Supreme Court of the State of New York · 1917
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