Lynch v. Schemmel
Supreme Court of Iowa
Appeal from Kossuth District Court. — N. J. Lee, Judge. Action at law upon four promissory notes, aggregating $10,000. The answer admitted the execution of the notes, but denied that the same were due, and set up an affirmative defense thereto, which will be set forth in the body of the opinion.
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Appeal from Kossuth District Court. — N. J. Lee, Judge. Action at law upon four promissory notes, aggregating $10,000. The answer admitted the execution of the notes, but denied that the same were due, and set up an affirmative defense thereto, which will be set forth in the body of the opinion. The prayer of the answer asked that the plaintiff be enjoined from negotiating the notes to third parties, and that he be enjoined from bringing further suits thereon, and that he be ordered to surrender the notes, and that the same be canceled by the court. Upon the filing of such answer, the…
1Opinion of the CourtEvans, C. J.
Concededly, the practical effect of the ruling of the trial court was to set down the case to be heard in its entirety upon the equity side of the court, and to deprive the plaintiff of the right of jury trial upon any issue in the case. While the order in form only ordered the trial of the equitable issues first, the argument in support of the ruling is that such trial will necessarily dispose of every issue in the ease.
This action was commenced in January, 1914. The notes sued on did not appear on their face to be due when the action was brought. The notes were drawn to fall due…
2Cases cited22 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
- Gribben v. ClementSupreme Court of Iowa · 1909
- Eaton v. TrowbridgeMichigan Supreme Court · 1878
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
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3Cited by17 opinions
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- McAnulty v. PeisenSupreme Court of Iowa · 1929
- Markworth v. State Savings BankSupreme Court of Iowa · 1931
- Tinker v. Farmers State BankSupreme Court of Iowa · 1916
- Poole v. PooleSupreme Court of Iowa · 1936
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