Nordby v. Clough
Supreme Court of Iowa
Appeal from Woodbury District Cotort. — Hon. George W. Wakefield, Judge. L. and C. Andrews were the owners of five carloads of cattle on which the defendant firm held a mortgage to secure an indebtedness due from Andrews to it. The Andrews were also indebted to the plaintiff in the sum of $283.92 for feeding said cattle.
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Appeal from Woodbury District Cotort. — Hon. George W. Wakefield, Judge. L. and C. Andrews were the owners of five carloads of cattle on which the defendant firm held a mortgage to secure an indebtedness due from Andrews to it. The Andrews were also indebted to the plaintiff in the sum of $283.92 for feeding said cattle. In February, 1887, the cattle were shipped to Chicago, and sold to Hunter, Evans & Co. , and the proceeds of the sale of one carload,' $850.62, was by Hunter, Evans & Co. placed in the bank at Dunlap, Iowa, to the credit of Andrews. On the seventeenth day of February, the…
1Opinion of the CourtGranger, J.
The cause was tried to the court without the intervention of a jury, and there appears to be no dispute as to the facts. The acceptance on which plaintiff relies for his recovery is recognized by both parties as a conditional one, and we do not think it necessary to refer to authorities cited as to the effect of an unconditional acceptance. We think the acceptance should be construed by the court standing as near as may be in the situation of the parties when it was made, and so as to conform it to their understanding. The literal language of the acceptance would only require them to apply…
2Cases cited2 opinions
- Waters v. Cass County BankSupreme Court of Iowa · 1884
- County of Des Moines v. Hinkley & NorrisSupreme Court of Iowa · 1883
3Cited by6 opinions
- First National Bank of Grand Meadow v. Security Trust & Savings Bank of Charles CitySupreme Court of Iowa · 1921
- Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
- Simon Casady & Co. v. German Savings BankSupreme Court of Iowa · 1913
- Langan v. Farmers' State BankSupreme Court of Iowa · 1923
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