Kennedy v. Roberts
Supreme Court of Iowa
Appeal from Montgomery District Court. — Hon. A. B. Thornell, Judge. Action in replevin to recover the possession of a promissory note. The note is for five thousand dollars, .and was executed by plaintiff to. Nellie M. Roberts. Plaintiff claims that it was obtained from him without consideration, through fraud and duress, and is therefore void. Defendant interposed what was in effect a general denial.
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Appeal from Montgomery District Court. — Hon. A. B. Thornell, Judge. Action in replevin to recover the possession of a promissory note. The note is for five thousand dollars, .and was executed by plaintiff to. Nellie M. Roberts. Plaintiff claims that it was obtained from him without consideration, through fraud and duress, and is therefore void. Defendant interposed what was in effect a general denial. The ease was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals. —
1Opinion of the CourtDeemer, C. J.
*5241 *523— Plaintiff and defendant were married in the state of Massachusetts, in the year 1866. Defendant then had a husband living, from whom she had not been divorced. Almost immediately after their marriage they took up their residence in the state of Illinois, where they resided until the year 1871, when they moved to Montgomery county, Iowa, where they lived as husband and wife until the year 1883. In the latter part of that year defendant left Iowa for the state of Rhode Island, ostensibly upon a visit, but really with the intention of abandoning her husband. Soon after she was discovered…
2Cases cited7 opinions
- Baker v. MortonSupreme Court of the United States · 1871
- Reed v. City of MuscatineSupreme Court of Iowa · 1897
- Shroeder v. WebsterSupreme Court of Iowa · 1893
- State v. WaiteSupreme Court of Iowa · 1897
- Savery v. HaysSupreme Court of Iowa · 1865
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3Cited by17 opinions
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- Callendar Savings Bank v. LoosSupreme Court of Iowa · 1909
- Mengel v. MengelSupreme Court of Iowa · 1909
- Sievertsen v. Paxton-Eckman Chemical Co.Supreme Court of Iowa · 1911
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