Legal Opinion

Gilmore & Smith v. Ferguson & Cassell

Supreme Court of Iowa

Decided October 22, 1869PublishedCited by 8 opinions

Appeal from General Term Sixth District, Jasper. Action upon a sheep contract. The defendant Cassell was alone served with notice. Defense, usury. There was a trial to a jury, who returned a special verdict, on which the court rendered a judgment sustaining the defense. The plaintiffs appeal. The further facts are stated in the opinion.

1Opinion of the CourtCole, J.

^■Mt^Ray'oii e\”y.: ln prop_ This suit is brought upon the following contract, to wit: “Received, October 12th, 1863, of W. Gilmore and L. Smith, of Iberia, Morrow County, Ohio, one hundred and ninety-six sheep, to keep on the shares, from one to four years, on the following terms: we, or either of us, promise to pay said W. Gilmore and L. Smith one and one-half pounds of wool per head annually until paid for. The wool to be about three-quarters blood, well washed on the sheep’s back, put up in good merchantable order and delivered at Bella, sometime between the fifteenth of June and the…

2Cases cited4 opinions

  1. The Dry Dock Bank v. . the American Life Ins. and Trust Co.New York Court of Appeals · 1850
  2. Spencer v. TildenNew York Supreme Court · 1825
  3. Gale v. GrannisIndiana Supreme Court · 1857
  4. Hall v. HaggartNew York Supreme Court · 1837

3Cited by8 opinions

  1. State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
  2. Barry v. ParantoSupreme Court of Minnesota · 1906
  3. Conrad v. GibbonSupreme Court of Iowa · 1870
  4. Foreign Commerce v. Bernard TonnCourt of Appeals for the Third Circuit · 1986
  5. Wehrman v. MooreSupreme Court of Iowa · 1919

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