Delaware County Bank v. Duncombe
Supreme Court of Iowa
Appeal from Webster Circuit Court. The plaintiff claims of the defendant the amount of a draft which the defendant accepted. The draft is dated November 22,1873, and, with the indorsements thereon, is as follows: “John F. Duncombe, General Manager of I. & M. E.: “Please pay to the order of S. Denton & Co. one thousand five hundred and twenty-seven dollars and forty-one cents, which is in full for grading contract on I. & M. E. up to date.
Read the full summary
Appeal from Webster Circuit Court. The plaintiff claims of the defendant the amount of a draft which the defendant accepted. The draft is dated November 22,1873, and, with the indorsements thereon, is as follows: “John F. Duncombe, General Manager of I. & M. E.: “Please pay to the order of S. Denton & Co. one thousand five hundred and twenty-seven dollars and forty-one cents, which is in full for grading contract on I. & M. E. up to date. “Ingersoll & Co., Contractors, “per L. C. Phelps, Engineer. ” “Accepted, payable December 20,1873. “John F. Duncombe.” “Pay W. H. Seeds, Cashier, or order.…
1Opinion of the Court
Day, I.
1. pleabots: demurrer. I. The answer of defendant contains but one count, divided into nine paragraphs. The demurrer does not assail the answer as a,whole, but presents objections to the paragraphs, treating them as distinct counts, and is based upon the notion that each should contain a defense to plaintiff’s cause of action. It is not competent thus to assail the paragraphs of an answer by demurrer. Hayden v. Anderson, 17 Iowa, 158. For this reason the demurrer was properly overruled.
*4932. practice: opening and closing II. The action of the court in allowing the defendant the opening and…
2Cases cited2 opinions
- Hayden ex rel. Adams v. AndersonSupreme Court of Iowa · 1864
- Duncan v. HobartSupreme Court of Iowa · 1859
3Cited by6 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- Baldwin v. DavisSupreme Court of Iowa · 1902
- Van Horn v. SmithSupreme Court of Iowa · 1882
- Shaffer v. Des Moines Coal & Hay Co.Supreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.