Bigelow v. Wilson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S; F. Balliett, Judge. Action at law to recover of defendant, a stockholder in the Des Moines, Osceola & Southern Railway-Company, the amount of a judgment obtained by plaintiff against said company.
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Appeal from Polk District Court. — Hon. S; F. Balliett, Judge. Action at law to recover of defendant, a stockholder in the Des Moines, Osceola & Southern Railway-Company, the amount of a judgment obtained by plaintiff against said company. The defense is a general denial, and a plea that the judgment was obtained by fraud, for the reason that R. T. Wilson & Co. were the owners of the claim upon which the judgment was obtained; having purchased it, before the commencement of the action against the railway company, from one M. H." King, plaintiff’s assignor. The defendant further pleaded that…
1Opinion of the CourtDeemer, J.
*4591 2 *460B *4614 *4625 *4636 *458This is the third appearance of this case in this court. The opinion on the first appeal will be found reported in 77 Iowa, 603 (42 N. W. Rep. 501); on the second, in 87 Iowa, 628 (54 N. W. Rep. 465). These appeals settled three questions: First, that the two papers which evidence the assignment of the claim from King to Wilson & Co., should be construed together, and that parol evidence was not admissible to vary, contradict, or explain these contracts, under the issues as they then stood; second, that the writings signed by the parties, on their face purported to be an absolute…
2Cases cited3 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Bigelow v. WilsonSupreme Court of Iowa · 1889
- Bigelow v. WilsonSupreme Court of Iowa · 1893
3Cited by2 opinions
- Lariviere v. LarocqueSupreme Court of Vermont · 1933
- Bauman v. NutterCourt of Appeals of Iowa · 1982