Goodpaster v. Voris
Supreme Court of Iowa
A])])eal-fi‘om the Marshall District Court. The defendants gave their promissory note, on the first of September, 1856, payable to ~W. II.
Read the full summary
A])])eal-fi‘om the Marshall District Court. The defendants gave their promissory note, on the first of September, 1856, payable to ~W. II. Hamilton, or bearer, in ten days after date, which was indorsed by the plaintiff, on the 13th of September, 1856. To the petition, the defendants answered, admitting the giving the note, and also the assignment, “ after maturity and dishonor,” and then pleading a set-off of a claim against the payee for damages, for the non-performance of a contract to furnish and set up a circular saw in tlie steam-tnill of the defendants. The verdict and judgment were…
1Opinion of the CourtWoodward, J.
1. The error first assigned is, that the court refused to give defendants the opening and close of the case, which they claimed, upon the ground that they had admitted the plaintiff’s demand, and set up new matter. This is not a proper matter upon which to base an appeal, nor for the asssignment of an error. Nor, if it were, has the defendant so admitted the plaintiff’s cause of action, as to allow his claim. The admission of the assignment is .materially qualified; and besides, the answer does not present a defense, nor yet an avoidance, as they sometimes term it, but they plead a set-off,…
2Cases cited2 opinions
- Hogan v. CuylerNew York Supreme Court · 1828
- President of the Bank of Utica v. WagerNew York Supreme Court · 1824
3Cited by6 opinions
- Exchange State Bank v. TaberIdaho Supreme Court · 1915
- Shaffer v. Des Moines Coal & Hay Co.Supreme Court of Iowa · 1904
- St. Joe & Mineral Farm Consolidated Mining Co. v. First National BankColorado Court of Appeals · 1897
- Ex Parte HallSupreme Court of Oklahoma · 1942
- Milwaukee Harvesting Co. v. CrabtreeSupreme Court of Iowa · 1897
1 more not listed; retrieve them via the Exa API.