Clapp v. Cunningham
Supreme Court of Iowa
Appeal from Davis District Court. Action at law upon a promissory note. The cause was tried to the court without a jury, and a judgment rendered for defendant. ■ Plaintiff appeals.
1Opinion of the Court
Beck, Ch. J.
I. The answer of defendant pleads two special defenses, namely: First, a former adjudication of the same cause of action in the County Court of Buffalo county, Nebraska, a court having full jurisdiction of the parties and subject matter, and judgment against the plaintiff was rendered in the cause, which was between the same parties that are in this suit; second, the note is without consideration, and was obtained by fraud, stating the facts upon which this defense is based, which need not here be presented.
To this the plaintiff replied, denying all allegations therein not…
2Cited by4 opinions
- City of Cedar Rapids v. CoxSupreme Court of Iowa · 1961
- Gaston v. FinchSupreme Court of Iowa · 1955
- Meeh v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1900
- Transgard v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1918