Harris Manufacturing Co. v. Marsh
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. The petition of plaintiff in substance alleges that on April 8, 1874, N A. Havens made to plaintiff his promissory note for thirty-six dollars and eighty-five cents, with ten per cent interest, and a reasonable attorney’s fee if suit should be commenced to collect the same, and that on May 8,1874, S. & Z. Gr.
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Appeal from Winneshiek Circuit Court. The petition of plaintiff in substance alleges that on April 8, 1874, N A. Havens made to plaintiff his promissory note for thirty-six dollars and eighty-five cents, with ten per cent interest, and a reasonable attorney’s fee if suit should be commenced to collect the same, and that on May 8,1874, S. & Z. Gr. Farrington made to plaintiff a like note for thirty-seven dollars and fifty cents; that it was agreed between said parties, and indorsed on said notes, as follows: “No. 2 wheat to be taken at one dollar per bushel on this note at maturity, delivered…
1Opinion of the CourtDay, J.
1. pleading: party. I. The motion in arrest of judgment is upon the ground that the petition does not show that plaintiff is either a partnership or a corporation, or has capacity to sue.. The defendant is sued upon his written agreement with the Harris Manufacturing Company to take the wheat which might be delivered on the notes referred to in plaintiff’s petition, and pay therefor one dollar per bushel. Section 2558 of the Code provides: “When an action is founded on a written instrument, suit may be brought by or against any of the parties thereto, by the same name and description as those…
2Cited by4 opinions
- Hamilton v. FinneganSupreme Court of Iowa · 1902
- Exchange National Bank v. CappsNebraska Supreme Court · 1891
- Wendall v. Osborne & Co.Supreme Court of Iowa · 1884
- M. Schulz Co. v. GriffithSupreme Court of Iowa · 1918