Davidson v. Carter
Supreme Court of Iowa
Appeal from Cla/rke Circuit Cov/rt. On the first day of February, 1875, the plaintiff executed to tbe order of Carpan Carter a promissory note for $300, and secured tiro same by a chattel mortgage. Carter sold and transferred the note and mortgage to one Daniel Miller.
Read the full summary
Appeal from Cla/rke Circuit Cov/rt. On the first day of February, 1875, the plaintiff executed to tbe order of Carpan Carter a promissory note for $300, and secured tiro same by a chattel mortgage. Carter sold and transferred the note and mortgage to one Daniel Miller. Subsequently the plaintiff, pursuant to permission given by Miller, sold a part of the mortgaged property and obtained therefor a note for $250, which he turned over to Miller in part satisfaction of the note secured by the mortgage and transferred to him. Afterward the plaintiff commenced this action to recover of defendant…
1Opinion of the CourtDay, J.
i. fraud : ac-Lion between payees to: inteiiect. — I. The evidence tends to establish the follc/wing facts: The plaintiff is an uneducated man, , -, . ,, , ., , . Tr . , not being able to write his name. Tie is subject to epileptic fits, and is of weak mind.
The defendant is. a man of more than usual shrewdness. The plaintiff regarded the defendant as his best friend, and the defendant had great influence over him. The administrator of the estate of one Morrison sued the plaintiff and recovered a judgment for $28. The plaintiff claimed that the debt had been paid, and that the judgment was…
2Cases cited2 opinions
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Resor v. ResorIndiana Supreme Court · 1857
3Cited by6 opinions
- Rozell v. VansyckleWashington Supreme Court · 1895
- Roten v. TesdellSupreme Court of Iowa · 1923
- Aughey v. WindremSupreme Court of Iowa · 1908
- Collins v. CollinsSupreme Court of Iowa · 1908
- Hutchinson v. ParkSupreme Court of Arkansas · 1904
1 more not listed; retrieve them via the Exa API.