Osgood v. Bringolf
Supreme Court of Iowa
Appeal from Polk Circuit Cowrt. Plaintiff avers that he sold to defendant, Bringolf, a judgment which he owned, against John W. Berry and A. J. Berry, amounting to about the sum of $337, with six per cent interest from about April 5, 1868, the consideration being the one-half of the amount of said judgment, with the interest due thereon at the time of said sale, and asks judgment for $180, with interest at six per cent from February 2, 1870. Defendant denies all the…
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Appeal from Polk Circuit Cowrt. Plaintiff avers that he sold to defendant, Bringolf, a judgment which he owned, against John W. Berry and A. J. Berry, amounting to about the sum of $337, with six per cent interest from about April 5, 1868, the consideration being the one-half of the amount of said judgment, with the interest due thereon at the time of said sale, and asks judgment for $180, with interest at six per cent from February 2, 1870. Defendant denies all the allegations of the petition, and alleges that he purchased the judgment and paid in full therefor. Jury trial. Verdict for…
1Opinion of the Court
Day, Ch. J.
l. Evidence: d.6clsirdiiioiis of agent. I. Upon the trial, the plaintiff, by direction of the court, assumed the burden of proof, and introduced as a witness the plaintiff Joel Osgood, who cp ' testified that his son, Joel Osgood, at the request of plaintiff, and in his presence, wrote plaintiff’s name to the written assignment of the judgment. That his son Joel owned twenty-one head of the thirty head of cattle sold to Bringolf; that plaintiff authorized Joel Osgood, Jr., to sell plaintiff’s cattle to defendant with his own, which he did; that the sale of the cattle by Joel, Jr.,…
2Cases cited1 opinion
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
3Cited by9 opinions
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Swenson v. Aultman, Miller & Co.Supreme Court of Kansas · 1875
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- Smith v. StateMississippi Supreme Court · 1911
- Tolston v. StateCourt of Criminal Appeals of Texas · 1922
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