Larned v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. J. J. Ney, Judge. About November 3, 1863, one Sara Lee Porter was the owner and holder of certain bonds which had been issued by the city of Dubuque. At said time one H. A. Wiltse agreed with B. W. Poor, the intervenor, that they would procure said bonds to collect at twenty-five per cent, of the amount.
Read the full summary
Appeal from Dubuque District Court. — Hon. J. J. Ney, Judge. About November 3, 1863, one Sara Lee Porter was the owner and holder of certain bonds which had been issued by the city of Dubuque. At said time one H. A. Wiltse agreed with B. W. Poor, the intervenor, that they would procure said bonds to collect at twenty-five per cent, of the amount. November 4, 1863, Wiltse, for himself and intervenor, procured from Sara Lee Porter said bonds for collection, giving a receipt therefor, which provided: ‘‘These bonds I agree to collect, advancing all necessary costs, at twenty-five per cent, of the…
1Opinion of the CourtKinne, J.
1. Judgment: assignment: fraud: evidence. I. It is claimed by the plaintiff that the assignment of the judgment obtained by Sara Lee Porter against the defendant city was procured by fraud. We think the plaintiff has wholly failed to establish this claim. The substance of the testimony relating to this question is that, when the compromise of the judgment of Sara Lee Porter against the city was effected, which also included the dismissal of her suit against the mayor and aldermen, the interyen or was not consulted; that Mrs. Porter’s presence in Dubuque was purposely kept from his knowledge;…
2Cases cited33 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Fleming v. GilbertNew York Supreme Court · 1808
- Kellogg v. RichardsNew York Supreme Court · 1835
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
28 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Anderson v. AndersonSupreme Court of Iowa · 1944
- Brownlow v. PayneCourt of Appeals of Tennessee · 1925
- Cheshire v. Des Moines City Railway Co.Supreme Court of Iowa · 1911
- Gottstein v. HarringtonWashington Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.