Hall & Co. v. Robison
Supreme Court of Iowa
Appeal from Dubugue District Court. Action by the payees against the maker upon two promissory notes. Defense, by way of counter claim, that the notes were given in part payment for a lot of agricultural implements, known as Sprout’s patent horse hay rakes, sold by plaintiffs to defendant, and warranted to be of a certain quality and fit for the use for which they were made; that in fact they were not of the quality warranted, and were entirely unfit for use as hay rakes,…
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Appeal from Dubugue District Court. Action by the payees against the maker upon two promissory notes. Defense, by way of counter claim, that the notes were given in part payment for a lot of agricultural implements, known as Sprout’s patent horse hay rakes, sold by plaintiffs to defendant, and warranted to be of a certain quality and fit for the use for which they were made; that in fact they were not of the quality warranted, and were entirely unfit for use as hay rakes, and worthless — to the defendant’s damage, as stated, and more than the amount of plaintiffs’ claim. Upon the first trial…
1Opinion of the CourtCole, J.
l. verdict aSdOTUsof jurors. The overruling of the motion for a new trial, is substantially the only error complained of. This motion is based upon three grounds: First, upon newly discovered evidence; and as to this, £pe eoimse] concede in argument the failure of defendant to make a case for new trial under the rules heretofore recognized and enforced by this court. Second, upon the affidavits of two of the jurors, who tried the cause, setting forth the basis upon, or calculation by means of which they, according to their estimate of the *93testimony, arrived at the verdict rendered; they do…
2Cases cited1 opinion
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
3Cited by13 opinions
- State v. ParkerWashington Supreme Court · 1901
- Wilson v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Long v. GilchristSupreme Court of Iowa · 1960
- Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
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