Tegler & Co. v. Shipman
Supreme Court of Iowa
Appeal from Oreene Circuit Court. Action upon two promissory notes for $156.90 each, and payable, one in thirty, and one in forty days, with ten per cent interest; made by the defendant to the plaintiffs, and dated Jefferson (Greene Co.), March 23, 1870. The defendant for answer averred that the notes were made and delivered at Jefferson, Iowa, and the only consideration therefor was intoxicating liquors sold by plaintiffs to defendant, in Iowa, in violation of and with…
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Appeal from Oreene Circuit Court. Action upon two promissory notes for $156.90 each, and payable, one in thirty, and one in forty days, with ten per cent interest; made by the defendant to the plaintiffs, and dated Jefferson (Greene Co.), March 23, 1870. The defendant for answer averred that the notes were made and delivered at Jefferson, Iowa, and the only consideration therefor was intoxicating liquors sold by plaintiffs to defendant, in Iowa, in violation of and with intent to enable defendant to violate the act for the suppression of intemperance. And the defendant also set up a…
1Opinion of the CourtCole, J.
1. amendment-discretion. I. After the evidence was all taken and the counsel for plaintiff was making the closing argument, the defendant was permitted to file an amendment answer, wherein he averred that the sale of liquors for which the notes sued on were given, was made in Rock Island, Illinois, and were sold with the intent on the part of plaintiffs to enable defendant to vio'late the act for the suppression of intemperance, and permitted defendant to withdraw his counter-claim. The plaintiffs objected to the filing of said amendment, because it was too late, because it set up a different…
2Cases cited1 opinion
- Howard v. PeopleMichigan Supreme Court · 1854
3Cited by24 opinions
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Adae & Co. v. ZangsSupreme Court of Iowa · 1875
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- Bruce v. StateCourt of Criminal Appeals of Texas · 1896
- Frankel v. HillierNorth Dakota Supreme Court · 1907
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