Reynolds v. Martin
Supreme Court of Iowa
Appeal from Linn Circuit Court. It was admitted in the court below that the facts of this case are as follows: “1. That this cause comes before this court for trial on appeal from W. G-. White, J. P., of Marion township. Defendant, Colwell Martin, as appellant, and Nathan Beynolds, plaintiff, as appellee.
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Appeal from Linn Circuit Court. It was admitted in the court below that the facts of this case are as follows: “1. That this cause comes before this court for trial on appeal from W. G-. White, J. P., of Marion township. Defendant, Colwell Martin, as appellant, and Nathan Beynolds, plaintiff, as appellee. “2. That defendant had some lumber sawed at the sawmill of one Charles Eoulk, assignor of the account in controversy, in the spring of 1877, and that settlement was necessary to ascertain .the amount due from the defendant on said account. “3. Said Foulk borrowed some money of plaintiff in…
1Opinion of the CourtDay, J.
l. account: assignment of: counter-claim, — The judge who tried this cause executed the following certificate: “Appeal allowed. And I hereby certify that this case involves the determination of a question ox law upon winch it is desirable to have the opinion of the Supreme Court, to-wit: The construction *326of sections 2086 and 2087 — Can the maker of an open book account avail himself of any defense or counter-claim against the assignee which he may have against any assignor, before suit is commenced thereon in the name of the assignee?” No other question than the one above presented will be…
2Cases cited1 opinion
- Zugg v. TurnerSupreme Court of Iowa · 1859
3Cited by2 opinions
- Wikel v. GarrisonSupreme Court of Iowa · 1891
- Hutchings v. ReinhalterSupreme Court of Rhode Island · 1902