Rosenbaum Bros. v. Levitt
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. B. P. Bird* sall* Judge. Actiost at law upon a promisory note. Defense, duress,, undue influence, want of consideration, and that it was given upon an Agreement, express or implied, not to prosecute-one A. J. Doidge, a son of one of the defendants and a son*in-law of the other, for the crime of forgery. Trial to a jury, verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the Court
Deemer/ J.
The note in suit was executed by defendants on or about July 10, 1895. It is claimed that they were in no manner indebted to plaintiff, but that they were-induced to execute the same because of threats made by plaintiff’s agent to prosecute one A. J. Doidge for the crime-of forgery, and an agreement on the part of said agent that, if defendants would execute this note with another of equal amount, they would not prosecute said Doidge for the crime he is said to have committed. Plaintiff denies-*294these claims, and says that the notes were given in settlement of a one thousand five…
2Cases cited5 opinions
- Jerolman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
- Morse v. BealeSupreme Court of Iowa · 1886
- Baird v. BoehnerSupreme Court of Iowa · 1889
- Peed v. McKeeSupreme Court of Iowa · 1876
- Deere & Co. v. WolfeSupreme Court of Iowa · 1884
3Cited by14 opinions
- State v. RutledgeSupreme Court of Iowa · 1907
- Shaw v. DuroSupreme Court of Iowa · 1944
- Hutton v. DoxseeSupreme Court of Iowa · 1902
- Baltimore & Ohio Southwestern Railroad v. WalkerIndiana Court of Appeals · 1908
- Catanzano v. JacksonSupreme Court of Alabama · 1916
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