Legal Opinion

Officer v. Howe

Supreme Court of Iowa

Decided July 27, 1871PublishedCited by 2 opinions

Appeal from, Monroe District Court. Ordinary action upon two promissory notes for $100 each, made by defendants (Howe as principal and Chase as surety) to one Bishop, and by him indorsed to plaintiff, who is' cashier of a bank.

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Appeal from, Monroe District Court. Ordinary action upon two promissory notes for $100 each, made by defendants (Howe as principal and Chase as surety) to one Bishop, and by him indorsed to plaintiff, who is' cashier of a bank. The answer avers that the notes were given on settlement of partnership accounts, whereon Howe owed Bishop $500, and intended to give notes for that amount, but, through mistake, gave in excess the two notes sued on; that they were given without consideration; and that Bishop was still the owner of the notes and the real party in interest. Trial to the court; judgment…

1Opinion of the CourtCole, J.

I. The plaintiff introduced in evidence the two notes sued upon, and rested. The defendants then offered testimony tending to show a mistake, in this, to wit: that, by the terms of the settlement of the partnership accounts between Bishop and Howe, the amount due Bishop was but $500, for which sum he gave his note, since paid, and also gave the notes sued on; and that the same *143were given under a claim by Bisbop that $700 was tbe amount due bim by the terms of settlement. To tbis evidence tbe plaintiff objected as irrelevant, incompetent, not tending to show a mistake, and contradicting…

2Cited by2 opinions

  1. Blumer v. SchmidtSupreme Court of Iowa · 1914
  2. Providence Jewelry Co. v. S. Fessler & SonsSupreme Court of Iowa · 1909

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