Legal Opinion

Oskaloosa College v. Hull

Supreme Court of Iowa

Decided June 23, 1868PublishedCited by 1 opinion

Appeal from Mahaska District Court. Plaintiff declares upon a “ scholarship note,”-dated February 5, 1864, payable, “for value received,” in five equal annual installments, the first due January 1, 1865, with interest at ten per cent, payable annually, “'it being for the purpose of endowing and furnishing said college.”

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Appeal from Mahaska District Court. Plaintiff declares upon a “ scholarship note,”-dated February 5, 1864, payable, “for value received,” in five equal annual installments, the first due January 1, 1865, with interest at ten per cent, payable annually, “'it being for the purpose of endowing and furnishing said college.” Defendant set up and it is admitted, that at the time of giving the note, he received from plaintiff what is called a “ scholarship bond ” reciting the giving of the" note, and also that “ if he (defendant) shall pay said note with the interest therein specified, he shall be…

1Opinion of the CourtWeight, J.

The testimony was properly rejected. It is possible if defendant would pay his note according to his undertaking, plaintiff would be able to provide different teachers and establish a school of a better character. The very object seems to have been to secure an endowment. If those undertaking to raise the same all refuse or neglect to pay, it could hardly be expected that the school could be put into successful operation. Then again, it does not appear that the school of which defendant complains was conducted by the corporation (plaintiff). It rather appears that the buildings were rented to…

2Cited by1 opinion

  1. Ingham v. DudleySupreme Court of Iowa · 1882

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