Myers v. Byington
Supreme Court of Iowa
Appeal from Johnson Circuit Court. This action was commenced before a justice of the peace, and is based upon a promissory note made by defendant to plaintiff, payable fourteen months after date, with a condition that if not paid when due, it should bear ten per cent interest from date. No place of payment was specified in the note. The justice of the peace rendered judgment for plaintiff for the balance due upon the note, with interest from date.
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Appeal from Johnson Circuit Court. This action was commenced before a justice of the peace, and is based upon a promissory note made by defendant to plaintiff, payable fourteen months after date, with a condition that if not paid when due, it should bear ten per cent interest from date. No place of payment was specified in the note. The justice of the peace rendered judgment for plaintiff for the balance due upon the note, with interest from date. A like judgment was also rendered in the circuit court. The defendant appeals.
1Opinion of the CourtCole, J.
1 Tender promissory note. I. Upon the trial, the defendant offered to prove- by witnesses, that before the maturity of the note, which specified no place of payment, it had ^ j- « ' been verbally agreed between the plaintiff and defendant, that the place of payment at maturity should be the First National Bank of Iowa City, and that the plaintiff would leave the note there for payment, but did not do so; that the defendant had inquired there for the note, and had money there in bank to pay the same at maturity, but not set apart for that purpose, because the note was not there. The court…
2Cases cited4 opinions
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
- Caldwell v. CassidyNew York Supreme Court · 1828
- Anderson v. DrakeNew York Supreme Court · 1817
- Thompson v. KetchamNew York Supreme Court · 1809
3Cited by7 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Marshall v. BullardSupreme Court of Iowa · 1901
- Bender v. BeenSupreme Court of Iowa · 1889
- Stoutenberg v. HuismanSupreme Court of Iowa · 1895
- Cartan & Jeffrey v. Wm. Tackaberry Co.Supreme Court of Iowa · 1908
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