Barton v. Smith
Supreme Court of Iowa
Appeal from the Keokuk District Court. Action by the indorsee against the maker of a promissory note. Judgment for plaintiff. For the errors assigned, and the material facts, see the opinion of the court.
1Opinion of the CourtWright, C. J.
It is urged that the judgment is for a larger amount than is claimed in the petition. The peti. tion claims $204,75, (the amount of the note), with interterest and costs. Under this, plaintiff could recover interest from the time of the commencement of the suit. Haven dé Buck v. Baldwin, 5 Iowa, 503. And not more. In this case it is not shown when the suit was commenced, and we cannot, therefore, say that the amount is too large. When tlie original notice was placed in the hands of the officer for service, does not appear. The error is therefore not affirmatively shown.
*86The next error assigned…
2Cases cited1 opinion
- Haven & Buck v. BaldwinSupreme Court of Iowa · 1858
3Cited by3 opinions
- Schaller & Son v. MarkerSupreme Court of Iowa · 1907
- Fremont County v. Fremont County BankSupreme Court of Iowa · 1909
- Hawarden State Bank v. HesslerSupreme Court of Iowa · 1906