Blumer v. Schmidt
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Thomas Arthur, Judge. Action upon a promissory note for $1,100, executed by the defendant to John Blumer, as payee, and transferred by the payee to the plaintiff. An affirmative defense of mistake and failure of consideration was pleaded. There was a directed verdict for the plaintiff, and the defendant appeals.
1Opinion of the CourtEvans, J.
The affirmative answer of the defendant was voluminous and consisted of several amendments. The following quotation from the first amendment will be sufficient to indicate the general nature of the defense:
That prim* to April 29, 1909, one John Blumer and defendant and one Charles Schmidt, Sr., and one E. L. Schmidt were stockholders in the Schmidt Department Store, a corporation organized under the laws of Iowa, and that each of said four parties owned an equal amount of the stock of said corporation. That said corporation was engaged in the general mercantile business in Avoca, Iowa. That…
2Cases cited5 opinions
- Livingston v. StevensSupreme Court of Iowa · 1903
- Aultman Engine & Thresher Co. v. GreenleeSupreme Court of Iowa · 1907
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
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3Cited by10 opinions
- Peters v. GoodrichSupreme Court of Iowa · 1921
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- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1937
- Kessel v. MurraySupreme Court of Iowa · 1924
- Galva First National Bank v. ReedSupreme Court of Iowa · 1927
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