Cook & Mitchell v. Robinson
Supreme Court of Iowa
Appeal from Delaware District Court. This action is founded on five promissory notes made by defendant, payable to tbe order of McKinney, Potter & Co., and indorsed by them to plaintiffs. Plaintiffs allege that each of said notes was indorsed and transferred to them by the payees before the maturity thereof.
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Appeal from Delaware District Court. This action is founded on five promissory notes made by defendant, payable to tbe order of McKinney, Potter & Co., and indorsed by them to plaintiffs. Plaintiffs allege that each of said notes was indorsed and transferred to them by the payees before the maturity thereof. Defendant answers admitting the execution of the notes, denying that plaintiffs are the owners, and-averring that the same are held by plaintiffs for the use and benefit of McKinney, Potter & Co., the payees. It is further averred that said notes were given for certain machines called the…
1Opinion of the CourtRothbock, J.
To notice all the errors complained of would unduly extend this opinion. We shall, therefore, content ourselves with briefly alluding to those which, in our judgment, demand attention. It is proper here to remark that the evidence shows the machines to be practically worthless, and on this there is no conflict in the evidence.
1 EVIDENCE. order of introduction: practice. I. It is alleged as error that defendant was permitted to show the warranty of the machines, and the breach thereof, and consequent failure of consideration, without first connecting the plaintiffs, either as partners or ag…
2Cited by2 opinions
- Bardwell v. ClareSupreme Court of Iowa · 1877
- State v. HeaderSupreme Court of Vermont · 1881