Legal Opinion

Davis v. Strohm

Supreme Court of Iowa

Decided December 7, 1864PublishedCited by 8 opinions

Appeal from Johnson District Court. Suit upon a promissory note for one thousand dollars, made by defendant to B. 0. Kauffman and indorsed in blank.

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Appeal from Johnson District Court. Suit upon a promissory note for one thousand dollars, made by defendant to B. 0. Kauffman and indorsed in blank. The defendant answers that the note was given in part consideration for certain lots in Burris City, Louisa county, Iowa; that the whole consideration agreed to be paid was forty-two hundred dollars; that fourteen hundred was paid in cash, and two notes for one thousand each, and one for eight hundred dollars were given, payable in one, two and three years, the note sued on being the one first due; Kauffman’s bond was taken for a conveyance of…

1Opinion of the CourtCole, J.

1. evi-tona.' I. After the plaintiffs had introduced the note and blank indorsement in evidence and rested their case, the defendant produced witnesses and proved the consideration of the note, the rescission of the contract,- the surrender and destruction of the other notes and bond in substance as stated in his answer. He then introduced as a witness B. C. Kauffman, the payee of the note, who testified that Alvin Sanders was his agent and attorney, and* acting for him in making collections; and •that a few days after he took the note in suit from defendant, he handed it with another note to…

2Cases cited1 opinion

  1. Trustees of Iowa College v. HillSupreme Court of Iowa · 1861

3Cited by8 opinions

  1. Devoe v. AtkinsonSupreme Court of Iowa · 1901
  2. State v. BirminghamSupreme Court of Iowa · 1888
  3. Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
  4. Vanslyck v. Mills & Co.Supreme Court of Iowa · 1872
  5. Taggart v. FoxNew York Court of Common Pleas · 1882

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