Legal Opinion

Lawrence v. Smith

Supreme Court of Iowa

Decided March 24, 1882PublishedCited by 1 opinion

Appeal from Poweshiek District Court. The plaintiff brings this action upon a promissory note executed to the Grinnell & Montezuma Eailroad Company, or bearer. The petition and amended petition allege that the railroad was completed as stipulated in the note, and that certificates of stock have been issued and tendered to the defendant. The answer to the petition and amended petition admits the execution of the note and the tender of the stock as alleged.

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Appeal from Poweshiek District Court. The plaintiff brings this action upon a promissory note executed to the Grinnell & Montezuma Eailroad Company, or bearer. The petition and amended petition allege that the railroad was completed as stipulated in the note, and that certificates of stock have been issued and tendered to the defendant. The answer to the petition and amended petition admits the execution of the note and the tender of the stock as alleged. The answer alleges that the G-rinnell & Montezuma Railroad referred to in said note, and in the articles of incorporation of said company,…

1Opinion of the CourtDay, J.

The instrument upon which the plaintiff sues isas follows:

1. BAILKOADS : noteTevi-011 dence" “For value received, I promise to pay to the Grinnell & Montezuma Railroad Company, or bearer, the sum of two hundred dollars, upon the completion of said railroad and cars limning thereon to the depot at Montezuma, Iowa, if done within one year from the first day of January, 1875, with interest at the rate of ten per cent per annum from maturity.

“This note to be due and payable when the cars run to the depot above named, within the time above stipulated, and on such payment the G. & M. R. R. Company…

2Cases cited1 opinion

  1. Lamb v. AndersonSupreme Court of Iowa · 1880

3Cited by1 opinion

  1. Stevens v. AmblerSupreme Court of Florida · 1897

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