Farwell v. Grier
Supreme Court of Iowa
The first count of the petition states a cause of action upon a promissory note made by the defendant Grier, April 14th, 1871, for $320, payable to the. plaintiff sixty days from date. The second count alleges a cause of action for $279.17, as rent due the plaintiff from defendant on a parol lease of premises therein described, commencing Oct. 20th, 1870, one hundred and fifcy dollars, of which is alleged to be included in the note set out in the first count of the fetition.
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The first count of the petition states a cause of action upon a promissory note made by the defendant Grier, April 14th, 1871, for $320, payable to the. plaintiff sixty days from date. The second count alleges a cause of action for $279.17, as rent due the plaintiff from defendant on a parol lease of premises therein described, commencing Oct. 20th, 1870, one hundred and fifcy dollars, of which is alleged to be included in the note set out in the first count of the fetition. A landlord’s, and also a general, attachment are prayed for and both issued, under which the sheriff attached certain…
1Opinion of the CourtMiller, J.
On the trial, evidence was given tending to show that a portion of the note sued on was for rent due from Grier, to the plain tiff; also that prior to the maturity of the note the plaintiff negotiated it to the First National Savings Bank of Waterloo; that when the note matured Grier failed to pay it, and it was taken up by the plaintiff, he being liable thereon to the bank, whereupon the court instructed the jury as follows: “ If the jury find that J. A. Grier executed and delivered to C. A. Farwell his note for $320, and that $150 of that amount is for rent of the building in question; that…
2Cases cited2 opinions
- Gower v. HallowaySupreme Court of Iowa · 1862
- Strother v. The Steamboat HamburgSupreme Court of Iowa · 1860
3Cited by6 opinions
- German Bank v. SchlothSupreme Court of Iowa · 1882
- Wisconsin Trust Co. v. Robinson & Cary Co.Court of Appeals for the Eighth Circuit · 1895
- Heively v. MattesonSupreme Court of Iowa · 1880
- Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880
- Shaw v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
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