Higbee v. Trumbauer
Supreme Court of Iowa
Appeal from Buchanan District Court. — IIon. A. S. Blair, Judge. Action upon a promissory noto executed by tlie defendant. Defense, fraud and want of consideration. Trial to a jury, and verdict and judgment for tbe defendant. Plaintiff appeals.
1Opinion of the CourtSiieravin, J.
1 The note in suit was given for a quantity of stock food. When the defendant Avas first solicited to jnirchase, he informed one Mahood, Avho Avas trying to make the sale, that he Avas inexperienced, and “Avould not Avant to make a j)urchase of that kind without seeing” his brother, on AA'hose “experience and opinion” he “depended,” and that he “always consulted him in matters of that kind, and Avanted to do the same thing here.” He did not have an opportunity to see his brother as desired, but the next day Mahood and the jfiaintiff visited him, and Ma-hood, in the presence of the plaintiff,…
2Cases cited3 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Coles v. KennedySupreme Court of Iowa · 1890
- Wm. Deering & Co. v. Grundy County National BankSupreme Court of Iowa · 1890
3Cited by7 opinions
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Arnold v. GenzbergerMontana Supreme Court · 1934
- Jeffrey v. GrosvenorSupreme Court of Iowa · 1968
- Federal Intermediate Credit Bank v. CosbySupreme Court of Oklahoma · 1928
- Sudworth v. MortonMichigan Supreme Court · 1904
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