Burlington Gas Light Co. v. Greene, Thomas & Co.
Supreme Court of Iowa
Appeal from Jefferson District Gov/rt. Action upon a note. Defense, payment, in the note of a third party. Plaintiff, admitting the receipt of said note, says it was taken as collateral. Trial, and verdict for plaintiff, and new trial ordered.
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Appeal from Jefferson District Gov/rt. Action upon a note. Defense, payment, in the note of a third party. Plaintiff, admitting the receipt of said note, says it was taken as collateral. Trial, and verdict for plaintiff, and new trial ordered. See 21 Iowa, 335. Second trial — verdict and judgment for defendants; appeal to this court; reversed and remanded (22 id. 508); venue changed, on plaintiff’s motion, from the county (Des Moines, in first judicial district) where action was commenced to Jefferson county, in the sixth judicial district; trial, verdict and judgment for defendants, and…
1Opinion of the CourtWright, J.
l. new tbial : discretion. I. The question of fact submitted to the jury — and the parties agree that this is the very matter hi controversy — was, whether the note of the party (Start & Gaddis) was taken by plaintiff as payment or collateral security. If the former, then plaintiff cannot recover; if the latter, it can, as to the difference between the note in suit and the amount realized from the collateral. To this question of fact, plaintiff’s counsel directs most of his argument, maintaining most earnestly and at great length that the verdict thereon was against the decided preponderance…
2Cases cited1 opinion
- Burlington Gas Light Co. v. Geeen, Thomas & Co.Supreme Court of Iowa · 1866
3Cited by5 opinions
- McElfresh v. McElfreshSupreme Court of Iowa · 1919
- Grimmelman v. Union Pacific Railway Co.Supreme Court of Iowa · 1897
- Slocum v. KnosbySupreme Court of Iowa · 1890
- McMurrin v. RigbySupreme Court of Iowa · 1893
- Union Central Life Insurance v. ChapinSupreme Court of Iowa · 1901