Legal Opinion

Campbell v. Rusch

Supreme Court of Iowa

Decided October 20, 1859PublishedCited by 6 opinions

Appeal from Scott District Court. Action on. a promissory note, dated March 5th, 1857, due in seven months, for $200, payable at the banking house of Nickols, Campbell & Co., to the order of N. Oorrona, transferred before maturity to plaintiff, and containing these words: “and we also agree that the holder hereof may enforce, delay, or extend the payment of this note at pleasure, in according to contract.”

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Appeal from Scott District Court. Action on. a promissory note, dated March 5th, 1857, due in seven months, for $200, payable at the banking house of Nickols, Campbell & Co., to the order of N. Oorrona, transferred before maturity to plaintiff, and containing these words: “and we also agree that the holder hereof may enforce, delay, or extend the payment of this note at pleasure, in according to contract.” On the same day the parties to the note entered into a contract, in substance as follows: Rusch bought of Gorrona two hundred bushels of barley, to be delivered in that month, at two…

1Opinion of the Court

Weight, C. J. —

Very many questions have been discussed by counsel, in presenting this case, which, from the view we take of it, need not be examined. It will be sufficient to take a short view of the case, and to state briefly the grounds upon wMeh we think it must be reversed.

A question of leading importance on the trial was: what *342meaning should be given to the words, “ in according to contract,” found in the body of the note, so far as they affected the plaintiff with notice of equities between the maker and indorsee. Defendant called a witness and asked him this question: “ If this note,…

2Cited by6 opinions

  1. Zebley v. SearsSupreme Court of Iowa · 1874
  2. Shipman v. RobbinsSupreme Court of Iowa · 1859
  3. State v. Nevada Central RailroadNevada Supreme Court · 1905
  4. Bates v. KempSupreme Court of Iowa · 1861
  5. Young v. ChewMissouri Court of Appeals · 1880

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