Merrill v. Packer
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. Action upon a promissory note made July 25, 1887, by-defendant to E. C. Johnson or bearer, for six hundred dollars, due October 1, 1888, with ten per cent, interest, payable annually, with ten per cent, on interest ■due, attorney’s fees if action is commenced, and a clause conferring jurisdiction on any justice of the peace.
Read the full summary
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. Action upon a promissory note made July 25, 1887, by-defendant to E. C. Johnson or bearer, for six hundred dollars, due October 1, 1888, with ten per cent, interest, payable annually, with ten per cent, on interest ■due, attorney’s fees if action is commenced, and a clause conferring jurisdiction on any justice of the peace. It is alleged that this promissory note was indorsed by Johnson to O. L. Binford, who indorsed .same to plaintiff, for value, before due. Defendant .admits the execution of the note, and alleges that it was…
1Opinion of the CourtGiven, J.
1. contracts: validity: gambling: public policy. — I. The note and so-called bond, being executed as parts of the same transaction, are to be construed together. Thus construed, they express fully the contract between the parties. It was the duty of the court to construe these writings, and determine what contract was therein expressed. If, thus construed, they disclosed a contract void for any of the reasons .alleged, or valid as to any of such reasons, it was the duty of the court to so declare. The court submitted to the jury *545the question as to whether this was a gambling contract. In…
2Cases cited3 opinions
- McNamara v. GargettMichigan Supreme Court · 1888
- Hanks v. BrownSupreme Court of Iowa · 1890
- Cobbs v. Fire Ass'nMichigan Supreme Court · 1888
3Cited by6 opinions
- Twentieth Century Co. v. QuillingWisconsin Supreme Court · 1907
- Brown v. HoldenSupreme Court of Iowa · 1903
- Couch v. HutchinsonAlabama Court of Appeals · 1911
- Buckeye Saw Manufacturing Co. v. RutherfordWest Virginia Supreme Court · 1909
- Trumpf v. ShoudyWisconsin Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.