Lynch v. Kerslake
Supreme Court of Iowa
Appeal from Cedar District Court. — John T. Moffit, Judge. Action on a promissory note. Defendant admits tlie execution and delivery of tlie note, and pleads: (1) That the note was obtained by fraudulent representation; (2) that the note was not to become operative as a binding contract until after defendant had an opportunity to investigate the truth of the representations made, and whether or not the matters for which the note was given would constitute a good investment.
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Appeal from Cedar District Court. — John T. Moffit, Judge. Action on a promissory note. Defendant admits tlie execution and delivery of tlie note, and pleads: (1) That the note was obtained by fraudulent representation; (2) that the note was not to become operative as a binding contract until after defendant had an opportunity to investigate the truth of the representations made, and whether or not the matters for which the note was given would constitute a good investment. Verdict and judgment for the defendant in the court below, with costs. Fla intiff appeals.
1Opinion of the CourtGaynor, J.
The plaintiff brings this suit upon a promissory note executed by the defendant, for the amount of the first premium on a life insurance policy. The policy was applied for by defendant in writing; and later, the policy was issued upon the application, and received by defendant. The plaintiff is the agent who solicited the insurance and took the application, and the note was made pay - able to him, for reasons that hereafter appear.
The defendant admits the execution of the noie and its delivery to the plaintiff, but seeks to avoid payment upou the following grounds: (1) That, to induce the…
2Cases cited5 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
- Sutton v. WeberSupreme Court of Iowa · 1904
- Cavanagh v. Iowa Beer Co.Supreme Court of Iowa · 1907
3Cited by7 opinions
- Hinman v. TreinenSupreme Court of Iowa · 1923
- Pease v. Citizens State BankSupreme Court of Iowa · 1929
- New York Life Insurance v. ClemensSupreme Court of Iowa · 1941
- Luddington v. MooreSupreme Court of Iowa · 1968
- Poole v. PooleSupreme Court of Iowa · 1936
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