Legal Opinion

Peck v. Schick & Co.

Supreme Court of Iowa

Decided December 13, 1878PublishedCited by 3 opinions

Appeal from Wapello Cireuit Court. Action upon an order in these words: '“$1,000. Ottumwa, February 1, 1876. “To Charles F. Blake, Treasurer Ottumwa Water-Power Company : “Pay to the order of D. B. Sears & Son one thousand dollars, with ten per cent interest, and charge to account. “W. B. Bonnieield, President. “J. 0. Briscoe, Secretary. ” Upon said order there were the following indorsements in blank: “D. B. Sears & Son.”

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Appeal from Wapello Cireuit Court. Action upon an order in these words: '“$1,000. Ottumwa, February 1, 1876. “To Charles F. Blake, Treasurer Ottumwa Water-Power Company : “Pay to the order of D. B. Sears & Son one thousand dollars, with ten per cent interest, and charge to account. “W. B. Bonnieield, President. “J. 0. Briscoe, Secretary. ” Upon said order there were the following indorsements in blank: “D. B. Sears & Son.” “J. Schick & Co.” The plaintiff sold to J. Schick & Co. certain real estate, and took said order from them for part of the purchase money. The action was brought against…

1Opinion of the Court

Rothrock, Ch. J.

i piEADtw®: negotiable1: paper. I. We have been somewhat particular in stating the substance of all the pleadings because it is strenuously argued by counsel for appellants that under the pleadings the referee was not warranted finding that the defendants, with a full knowledge of the want of notice of non-payment, expressly waived the same, and unconditionally promised to pay the full' amount of the order. It is urged that the plaintiff, by his petition and all the amendments thereto, pleaded that he made demand and gave notice of non-payment, and, therefore, cannot recover…

2Cases cited2 opinions

  1. Lumbert & Co. v. PalmerSupreme Court of Iowa · 1870
  2. Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877

3Cited by3 opinions

  1. Rankin v. City of CharitonSupreme Court of Iowa · 1913
  2. Weitnaur v. WeitnaurSupreme Court of Iowa · 1902
  3. Closz & Mickelson v. MiracleSupreme Court of Iowa · 1897

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