Phoenix v. Lamb
Supreme Court of Iowa
Appeal from Story District Court. Wednesday, August 31. Pro note. — Defense that the note was given for fruit trees at Bloomington, 111., to bé shipped by plaintiff to certain points in this state, in his own name and upon his contract to deliver them to defendant (one of them, who is the principal in the note), in good condition, upon the execution of a note, with sureties to be approved, etc., that the trees arrived, the note was executed, and defendant took them into his…
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Appeal from Story District Court. Wednesday, August 31. Pro note. — Defense that the note was given for fruit trees at Bloomington, 111., to bé shipped by plaintiff to certain points in this state, in his own name and upon his contract to deliver them to defendant (one of them, who is the principal in the note), in good condition, upon the execution of a note, with sureties to be approved, etc., that the trees arrived, the note was executed, and defendant took them into his possession, but without the opportunity or privilege of examining the same until after the delivery of said note. It is…
1Opinion of the CourtWright, J.
i pleading• evidence. I. Defendant introduced evidence tending to show that the trees were improperly packed and boxed, to which plaintiff objected, upon the ground that it was inadmissible under the issue joined. The objection was overruled, and an instruction asked by plaintiff, to the effect that the jury should disregard all the evidence on that subject, was refused. Of these rulings plaintiff first complains.
If the answer did not sufficiently specify the manner of the injury to the trees, or in what respects plaintiff was negligent, his remedy was plain enough. The defect could have been…
2Cases cited3 opinions
- Amidon v. GaffIndiana Supreme Court · 1865
- Levi v. KarrickSupreme Court of Iowa · 1862
- Hatfield v. LockwoodSupreme Court of Iowa · 1865
3Cited by12 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Purcell v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Scott v. BrackettIndiana Supreme Court · 1883
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
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