Legal Opinion

Brokaw v. McElroy

Supreme Court of Iowa

Decided November 22, 1913PublishedCited by 20 opinions

Appeal from Jasper District Court. — Hon. K. E. Wilcockson, Judge. This is an action on four promissory notes. It is brought on behalf of the Kansas City University against the administrator of John W. Murphy, deceased, the maker of the notes. The administrator answered with a general denial and set up also three affirmative defenses. One of the affirmative defenses was that the notes were without consideration.

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Appeal from Jasper District Court. — Hon. K. E. Wilcockson, Judge. This is an action on four promissory notes. It is brought on behalf of the Kansas City University against the administrator of John W. Murphy, deceased, the maker of the notes. The administrator answered with a general denial and set up also three affirmative defenses. One of the affirmative defenses was that the notes were without consideration. To the affirmative defenses a reply was pleaded by the plaintiff. At the close of the plaintiff’s evidence, the trial court directed a verdict for the defendant, on the ground that…

1Opinion of the CourtEvans, J.

Pour notes are involved. The first note was for $2,000, dated September 24, 1904. The second was for $4,000, dated July 24, 1908. The third was for $4,000, dated October 22,1908. The fourth was for $10,000, dated June 18, 1909. The following is a copy of the first note:

For value received by me, and for the purpose of securing a fund for the endowment of the Kansas City University, of Kansas City, Kansas, I hereby bind myself, and my heirs, executors and administrators, to pay to the order of the treasurer of said Kansas City University, of Kansas City, Kansas, the sum of two thousand dollars,…

2Cases cited8 opinions

  1. Trustees of Troy Conference Academy v. NelsonSupreme Court of Vermont · 1852
  2. Simpson Centenary College v. TuttleSupreme Court of Iowa · 1887
  3. Albert Lea College v. BrownSupreme Court of Minnesota · 1903
  4. Simpson Centenary College v. BryanSupreme Court of Iowa · 1878
  5. First Methodist Episcopal Church v. DonnellSupreme Court of Iowa · 1899

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3Cited by20 opinions

  1. Richards v. WilsonIndiana Supreme Court · 1916
  2. Furman University v. WallerSupreme Court of South Carolina · 1923
  3. Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
  4. Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
  5. First Presbyterian Church v. DennisSupreme Court of Iowa · 1917

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