Stevenson v. Greenlee
Supreme Court of Iowa
Appeal from Cedar District Court. .Plaintiff sued upon a promissory note, and defendant answered, that it was obtained by fraud and false representations; that there had been an entire failure of consideration; that there had been a partial failure; that the note was obtained without consideration; and he asks to set off, after (deducting certain payments) the difference between the actual value of the goods, notes, accounts, &c., forming the basis of the consideration and…
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Appeal from Cedar District Court. .Plaintiff sued upon a promissory note, and defendant answered, that it was obtained by fraud and false representations; that there had been an entire failure of consideration; that there had been a partial failure; that the note was obtained without consideration; and he asks to set off, after (deducting certain payments) the difference between the actual value of the goods, notes, accounts, &c., forming the basis of the consideration and their value, as represented, verdict and judgment for defendant; and plaintiff appeals, assigning as error the action of…
1Opinion of the CourtWright, J.
It is not true, that as an invariable rule, that all of the testimony should be embodied in the record in order to show the pertinency or applicability of instructions asked and refused. So much should be set out certainly as has relation to the instructions asked, that their applicability may appropriately appear; for if their pertinency does not appear from the record, we are bound to presume that they were refused for that reason, it being always proper to refuse an instruction, ever so correct abstractly, which is not suitable to the case made by the record. It does not follow, however,…
2Cited by2 opinions
- Downing v. StateWyoming Supreme Court · 1902
- Murphy v. JohnsonSupreme Court of Iowa · 1876