Cochran v. Zachery
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. Byron W. Preston, Judge. Action to recover balance due on a promissory note and money received by defendant for plaintiff’s use. Defendant interposed a counterclaim for money due under contract. At the conclusion of the evidence, the court, on plaintiff’s motion, directed a verdict in plaintiff’s favor, disallowing defendant’s counterclaim; and from judgment on this verdict defendant appeals.
1Opinion of the CourtMcClain, J.
1. Bills and notes: rate of interest: parol evidence. I. The balance claimed by plaintiff as due to her from defendant on the note in suit was the difference between interest at six per cent, and interest at eight Ier Cel1^ 0n ^e ^aCe n°te- By its the, note drew eight per cent, interest, but defendant alleged in his answer that through accident and oversight the note by its terms was made to read with interest at eight per cent. The assignment of error with reference to this branch of the case is the sustaining by the court of plaintiff’s objection to the question asked him as a witness by…
2Cases cited12 opinions
- Hazelton v. SheckellsSupreme Court of the United States · 1906
- In re the Estate of GarcelonCalifornia Supreme Court · 1894
- Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Forsyth v. WoodsSupreme Court of the United States · 1871
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3Cited by18 opinions
- Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
- Scott v. BeamsCourt of Appeals for the Tenth Circuit · 1941
- In Re Estate of SwansonSupreme Court of Iowa · 1948
- Waukee Savings Bank v. JonesSupreme Court of Iowa · 1916
- Dunn v. Phoenix Village, Inc.District Court, W.D. Arkansas · 1963
13 more not listed; retrieve them via the Exa API.