Gilmore & Smith v. Ferguson & Cassell
Supreme Court of Iowa
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
- The Dry Dock Bank v. . the American Life Ins. and Trust Co.New York Court of Appeals · 1850
- Spencer v. TildenNew York Supreme Court · 1825
- Gale v. GrannisIndiana Supreme Court · 1857
- Hall v. HaggartNew York Supreme Court · 1837
3Cited by8 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Barry v. ParantoSupreme Court of Minnesota · 1906
- Conrad v. GibbonSupreme Court of Iowa · 1870
- Foreign Commerce v. Bernard TonnCourt of Appeals for the Third Circuit · 1986
- Wehrman v. MooreSupreme Court of Iowa · 1919
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