Nosler v. Hunt
Supreme Court of Iowa
Appeal from Pollc District Court. This suit is founded upon a note, executed by the defendant to plaintiff, August 30, 1859, for $557.75, drawing ten per cent interest until paid. Defense, failure of consideration, arising from want of title in the plaintiff to the land sold to the defendant, and for which the note in question had been given ; also a counterclaim for damages, based upon a breach of the covenants of the deed; to which the court sustained a demurrer.
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Appeal from Pollc District Court. This suit is founded upon a note, executed by the defendant to plaintiff, August 30, 1859, for $557.75, drawing ten per cent interest until paid. Defense, failure of consideration, arising from want of title in the plaintiff to the land sold to the defendant, and for which the note in question had been given ; also a counterclaim for damages, based upon a breach of the covenants of the deed; to which the court sustained a demurrer. The cause was referred, and the referee found the following facts: 1st. That the note in controversy was given for the…
1Opinion of the CourtLowe, J.
1. Pleadings: exhibits. First. It is objected that a demurrer to the defendant’s pleading, setting up a counterclaim, A i. • was sustained. The counterclaim, thus set up and plead, had its foundation in the breaches of the covenants of a deed of conveyance, and, therefore, such deed, ora copy thereof, should have been annexed, as an exhibit, to the pleadings. Rev., §§ 2920, 2963. A failure to do so was one ground of the demurrer. The defendant, without supplying the omission, thought proper to stand upon the order sustaining the demurrer. The objection is without force, and is accordingly…
2Cited by7 opinions
- McNair v. SockriterSupreme Court of Iowa · 1924
- McClure v. DeeSupreme Court of Iowa · 1902
- Foshay v. ShaferSupreme Court of Iowa · 1902
- Hencke v. JohnsonSupreme Court of Iowa · 1883
- Norman v. WinchSupreme Court of Iowa · 1884
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