Mason v. Green
Supreme Court of Iowa
Appeal from Musoatvm Cvramt Cowrt PLEADING: ANSWER TO INTERROGATORIES. Suit upon a promissory note of Green & Stone for the sum of $2,500, dated October 4,1861, due one day after date.
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Appeal from Musoatvm Cvramt Cowrt PLEADING: ANSWER TO INTERROGATORIES. Suit upon a promissory note of Green & Stone for the sum of $2,500, dated October 4,1861, due one day after date. The defendant interposed an equitable defense, stating that the note sued on was executed by Stone after the dissolution of partnership between Stone and defendant, and that defendant had no knowledge of the execution of the same in the firm name until the institution of this suit; and that plaintiff, in consideration of certain undertakings upon the part of Stone, agreed to release defendant from all liability…
1Opinion of the Court
Day, Ch. J.
I. It is claimed that the court should have compelled the plaintiff to make more full answers to the second, third and fourth interrogatories, or should have held that, by the failure to make such answers, the defense was established.
The action of the court was, in our opinion, judicious and proper. If the allegations of plaintiff that all of the contracts had been abrogated, canceled and surrendered, and that the lands had been conveyed to him absolutely, in payment of sums due him from Green & Stone, *599were true, the particular description of the lands unsold, as well as of those…
2Cited by1 opinion
- McFarland v. City of MuscatineSupreme Court of Iowa · 1896