Shipley v. Reasoner
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. J. H. Henderson, Judge. Action to recover possession of two promissory notes executed by the plaintiff, .for two hundred dollars each, payable to G-. B. Morse, or bearer, January 1, 1889. The grounds of recovery, briefly stated, are that the notes were given in what is commonly known as a “Bohemian Oats Transaction,” and are without consideration and void; that the defendant was a party to the transaction, and received said notes…
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Appeal from Madison District Court. — Hon. J. H. Henderson, Judge. Action to recover possession of two promissory notes executed by the plaintiff, .for two hundred dollars each, payable to G-. B. Morse, or bearer, January 1, 1889. The grounds of recovery, briefly stated, are that the notes were given in what is commonly known as a “Bohemian Oats Transaction,” and are without consideration and void; that the defendant was a party to the transaction, and received said notes after maturity, and with full knowledge of their inception. After the case was reversed on the former appeal (80 Iowa,…
1Opinion of the CourtGiven, J.
i. PMADmes: ?ard8d0a^eevt denee. — I. The appellant’s first complaint is of the refusal to give an instruction in substance as follows: That statements and admissions of a party in his pleadings “are, as evidence, 0f the gravest weight against him; and where, in the trial of a cause, there is no testimony in any manner contradicting or explaining away such statements or admissions, they should, as against the party making them, be taken, considered, and acted upon as true.” The appellant contends that, as the defendant had made certain admissions in his original answer different from the…
2Cases cited6 opinions
- Langan v. SankeySupreme Court of Iowa · 1880
- Raridan v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Johnson v. McGrewSupreme Court of Iowa · 1876
- Iowa County v. HustonSupreme Court of Iowa · 1876
- Hambell v. O'NealSupreme Court of Iowa · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- Pulliam v. McCleneghanNebraska Supreme Court · 1945
- Grantham v. Potthoff-Rosene Co.Supreme Court of Iowa · 1964
27 more not listed; retrieve them via the Exa API.