Potter v. Parsons
Supreme Court of Iowa
Appeal from Lee District Court. Creel made his note to Parsons & Co., the complainant indorsing the same. To a suit on the same, Creel plead usury, and Potter a general denial. By agreement the pleas were all withdrawn and a judgment entered for the amount of the note and interest, assessed at $336.60, with a stay of execution for nine months. This was in September, 1859. Potter was at that time out of the State, negotiating a loan of money.
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Appeal from Lee District Court. Creel made his note to Parsons & Co., the complainant indorsing the same. To a suit on the same, Creel plead usury, and Potter a general denial. By agreement the pleas were all withdrawn and a judgment entered for the amount of the note and interest, assessed at $336.60, with a stay of execution for nine months. This was in September, 1859. Potter was at that time out of the State, negotiating a loan of money. In October' he wrote to the respondents, H. K. Love & Co., to make such deposits with the Clerk of the District Court as would show that his property was…
1Opinion of the CourtWright, J.
It is claimed that Potter never authorized any attorneys to appear for him in the action at law, that if he did they had no authority to make an agreement to extend the time of payment, that such extension discharged him, that the certificate of deposit was not negotiable, that it was due at the time it passed into the hands of-Connable & Smith, that the institution of this suit and the service of the writ of injunction was notice to all the parties of Ms equities, and that Connable & Smith, therefore, stand in no better relation than the original beneficial holders, Parsons & Co., though…
2Cases cited3 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Gaillard v. SmartNew York Supreme Court · 1826
3Cited by8 opinions
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Kilmer v. GallaherSupreme Court of Iowa · 1900
- Sloan v. JepsonSupreme Court of Iowa · 1934
- Cooper v. JewettCourt of Appeals for the Eighth Circuit · 1916
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