Moffitt v. Cressler
Supreme Court of Iowa
Appeal from the Seott District Court. Plaintiff sues as the assignee of a promissory note, made to one John R. Moffit. The defendant admits the making of the note, but sets up that it ivas given for a threshing machine — that said machine was warranted — that the warranty, as well as the consideration, had failed — that the note was obtained by the fraud of the payee, who, in order to induce defendant to execute the same, made certain false and fraudulent representations,…
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Appeal from the Seott District Court. Plaintiff sues as the assignee of a promissory note, made to one John R. Moffit. The defendant admits the making of the note, but sets up that it ivas given for a threshing machine — that said machine was warranted — that the warranty, as well as the consideration, had failed — that the note was obtained by the fraud of the payee, who, in order to induce defendant to execute the same, made certain false and fraudulent representations, which were known to be false, and which were intended to, and did, deceive said defendant; and that said note was assigned…
1Opinion of the CourtWright, C. J.
The bill of exceptions embodies all the testimony given to the jury, and from this it is pretty clearly shown, that the plaintiff took the note after it was due, and that he does not, therefore, stand in the position of an innocent holder. Indeed, we do not understand it to be claimed by the appellant, that he stands in any better attitude than would the payee,-if suit had been brought in his name. We should, therefore, treat the case as if John R., instead of John N. Moflitt, was the plaintiff.
It seems that one Crary, as agent for Moflitt, sold defendant, in 1856, a machine, known as “…
2Cases cited2 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- McGregor v. ArmillSupreme Court of Iowa · 1855
3Cited by15 opinions
- People v. SalorseCalifornia Supreme Court · 1882
- Trustees of Iowa College v. HillSupreme Court of Iowa · 1861
- Lange v. BedellSupreme Court of Iowa · 1927
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- State v. KyneSupreme Court of Iowa · 1892
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