Allison v. Barrett
Supreme Court of Iowa
Appeal from Dubuque District Court. ' Plaintiffs were employed by one Pendergast to defend him for the crime of murder. The said P. held' a note against defendant, which plaintiffs claim that be orally, a'nd without any indorsement in writing, sold and delivered to them, in consideration of tbeir services in said case rendered and to be rendered.
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Appeal from Dubuque District Court. ' Plaintiffs were employed by one Pendergast to defend him for the crime of murder. The said P. held' a note against defendant, which plaintiffs claim that be orally, a'nd without any indorsement in writing, sold and delivered to them, in consideration of tbeir services in said case rendered and to be rendered. They also claim lhat defendant, when advised by them of this sale, promised to pay tbem'-Said note, and agreed that he would not pay it to any one else. Tbe note was not in the possession of the said-P. at the time of the alleged sale, but in that of…
1Opinion of the CourtWeight, C. J.
I. Appellants make the point, that the Court erred in refusing to allow them to amend their petition, after the testimony and arguments had closed, so as to have it conform, more fully, with the facts as developed by the- testimony. Upon this subject, it is sufficient to say, that the Court submitted the case to the jury, upon the theory that the proposed amendment was entirely immaterial, and that plaintiffs had the benefit of all the facts, to .the same extent as though said amendment had been allowed. Under such circumstances, there was no prejudice resulting from the refusal complained…
2Cases cited7 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Chadbourn v. WattsMassachusetts Supreme Judicial Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Boothby v. BrownSupreme Court of Iowa · 1874
- McCullough v. MitchellSupreme Court of Alabama · 1879
- Stephenson v. WaldenSupreme Court of Iowa · 1867
4 more not listed; retrieve them via the Exa API.