Davis & Co. v. Dumont
Supreme Court of Iowa
Appeal from Lmn Circuit Court. Friday, June 20. This action is brought by plaintiffs as assignees of the following instrument: “ $100. For the purpose of aiding in the construction of the Sabula, Ackley & Dakota Bailroad from Sabula, Iowa, to Marion, in Linn county, Iowa, as well as for value received, we promise to pay said Sabula, Ackley & Dakota B. B. Co. the sum of one hundred dollars, the same to be paid when said road is completed and the cars running on the same from…
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Appeal from Lmn Circuit Court. Friday, June 20. This action is brought by plaintiffs as assignees of the following instrument: “ $100. For the purpose of aiding in the construction of the Sabula, Ackley & Dakota Bailroad from Sabula, Iowa, to Marion, in Linn county, Iowa, as well as for value received, we promise to pay said Sabula, Ackley & Dakota B. B. Co. the sum of one hundred dollars, the same to be paid when said road is completed and the cars running on the same from Sabula to a depot to be constructed by said company at Marion, Iowa, and/not before, with ten per cent interest from the…
1Opinion of the CourtMiller, J.
The demurrer admits the material allegations of the count in the answer demurred to. The question, therefore, is whether these facts constitute a defense to the plaintiffs’ cause of action. In other words, do these facts show that the contract sued on was obtained from the appellants through the fraud of the plaintiffs % In our opinion, if these facts are true, it is clear that a fraud of the grossest character has been perpetrated in the procurement of the obligation sued on.
Appellees, however, insist that the case falls within the holding in First National Bank, etc. v. Hurford & Bro., 29…
2Cases cited1 opinion
- First National Bank v. Hurford & BrotherSupreme Court of Iowa · 1870
3Cited by3 opinions
- Hinkley v. Sac Oil & Pipe Line Co.Supreme Court of Iowa · 1906
- Wullenwaber v. DuniganNebraska Supreme Court · 1890
- Lincoln Township v. Kansas City & Omaha RailroadNebraska Supreme Court · 1906