Savery v. Hays
Supreme Court of Iowa
Appeal from Polk District Court. Replevin, eor promissory note. — The petition was filed February 2d, 1861, by Savery, who therein claims of the defendant, Hays, the possession of the following promissory note: ’ “ Fort Des MOines, May 17, 1859.. “ One year after date, I promise to’ pay to the order of “John P. Minor eleven hundred and two dollars, with “interest, at'ten per cent., after maturity. “(Signed.) J. C. SAYBRY.”
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Appeal from Polk District Court. Replevin, eor promissory note. — The petition was filed February 2d, 1861, by Savery, who therein claims of the defendant, Hays, the possession of the following promissory note: ’ “ Fort Des MOines, May 17, 1859.. “ One year after date, I promise to’ pay to the order of “John P. Minor eleven hundred and two dollars, with “interest, at'ten per cent., after maturity. “(Signed.) J. C. SAYBRY.” “ The plaintiff states,” so continues the petition, “ that “ the apparent value of said nóte is the amount for which “it is drawn, with interest; but the actual value is…
1Opinion of the CourtDillon, J.
i. eeplevIN: promisBory note, On the demurrer to the petition the District Court held, in the plaintiff’s favor, that the petition showed that the plaintiff was entitled to the pos, 1 x session of the note; but it also held, against the plaintiff, that the petition did not set out the actual value of the property replevied; that the same, on the plaintiff’s own showing, had no value, and was not a subject of replevin. From these rulings against him the plaintiff appeals, and their correctness is the question presented for determination.
The decision of the District Court was erroneous.
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2Cases cited4 opinions
- Southern Plank-Road Co. v. HixonIndiana Supreme Court · 1854
- Todd v. CrookshanksNew York Supreme Court · 1808
- Buck v. KentSupreme Court of Vermont · 1830
- Knehue v. WilliamsThe Superior Court of New York City · 1852
3Cited by9 opinions
- Kennedy v. RobertsSupreme Court of Iowa · 1898
- Davis v. MohnSupreme Court of Iowa · 1910
- Smith v. EalsSupreme Court of Iowa · 1890
- Sigler v. HidySupreme Court of Iowa · 1881
- Wolfe v. MontgomerySouth Dakota Supreme Court · 1918
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