Lyon v. O'Kell
Supreme Court of Iowa
Appeal from Polk District Court. Action on a promissory note. The defense is stated m the opinion of the court. Judgment for plaintiff, on demurrer, and the defendant appeals. cited the following authorities: Brown v. Tomlinson, 2 G. Greene, 525 ; Funh v. Oresswell etux., 5 Iowa, 62; Fitch et al. y. Casey, 2 G. Greene, 300; Clark v. Redman, 1 Blackf., 379; Judson y. Wass, 11 John., 525; Tucker y.
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Appeal from Polk District Court. Action on a promissory note. The defense is stated m the opinion of the court. Judgment for plaintiff, on demurrer, and the defendant appeals. cited the following authorities: Brown v. Tomlinson, 2 G. Greene, 525 ; Funh v. Oresswell etux., 5 Iowa, 62; Fitch et al. y. Casey, 2 G. Greene, 300; Clark v. Redman, 1 Blackf., 379; Judson y. Wass, 11 John., 525; Tucker y. Woods, 12 Id., 190; Robb v. Montgomery, 20 Id., 15; Lawrence v. Parker, 1 Mass., 190; Ives y. Ives, 13 John., 235; Jackson ex dem. Ludlow y. Myers, 3 Id., 388; Jackson ex dem. Greene y. Clarke, Id.,…
1Opinion of the CourtBaldwin, C. J.
This suit is upon certain promissory notes given by the defendant to plaintiff in consideration of the sale of several tracts of land. The plaintiff, when the notes were executed and delivered, gave to the defendant bonds for deeds to said lands sold, conditioned that the title should be made out and delivered upon the payment in full of the purchase money, time being made the essence of the contract. The defendant answered, setting up a failure of consideration, fraud, &c., and averred that the plaintiff, had no title to said lots and, therefore, no right to convey the same. The cause was…
2Cited by4 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Stephenson v. NeppelSupreme Court of Iowa · 1921
- O'Donnell v. Atchison, T. & S. F. R. Co.U.S. Circuit Court for the Southern District of Iowa · 1892
- Lyon v. DaySupreme Court of Iowa · 1863