Farwell & Co. v. Salpaugh
Supreme Court of Iowa
Ayypealfrom Scott District Oourt. Action upon an account stated for goods, wares and merchandise furnished by plaintiffs to defendant. The petition further avers, that defendant made and delivered to plaintiffs a written order for the amount of such indebtedness, upon the Rockford, Rock Island and St. Louis Railroad Company, payable at sight, which was duly presented and payment thereof refused.
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Ayypealfrom Scott District Oourt. Action upon an account stated for goods, wares and merchandise furnished by plaintiffs to defendant. The petition further avers, that defendant made and delivered to plaintiffs a written order for the amount of such indebtedness, upon the Rockford, Rock Island and St. Louis Railroad Company, payable at sight, which was duly presented and payment thereof refused. Certain amended petitions aver notice to defendant of non-payment of the order or set up excuses why such notice was not given. The answer admits that plaintiffs furnished the goods for which suit is…
1Opinion of the CourtBeok, J.
I. The case is presented by appellants’ counsel as though it were brought and prosecuted upon the order given by defendant upon the railroad company, and not upon the account for goods and merchandise. The greater portion of their argument is devoted to a discussion founded upon this view of the case. They discuss, very ably, the doctrines of acceptance, of notice for nonpayment, etc., applicable to transactions upon bills, and claim that, under them, defendant is bound upon the order as a drawer of dishonored paper. So far as this case is concerned, it may be admitted that counsel’s views…
2Cases cited3 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- Strong & Wiley Bros. v. KingIllinois Supreme Court · 1864
- Gower v. HallowaySupreme Court of Iowa · 1862
3Cited by5 opinions
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Heively v. MattesonSupreme Court of Iowa · 1880
- Chicago, Burlington & Quincy Railroad v. BurnsNebraska Supreme Court · 1901
- Bantz v. BasnettWest Virginia Supreme Court · 1877