Pearson v. Cummings
Supreme Court of Iowa
Appeal from General Term, Fifth District (Guthrie County). Action on a promissory note made by the defendant, payable to Benjamin Pearson or order, and not indorsed to plaintiff or any other person. Defense, payment to the party entitled to receive the same. There was a trial to the court, and judgment rendered in favor of plaintiff for the amount of the note, interest and costs. The defendant appealed to the General Term, where the judgment was affirmed.
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Appeal from General Term, Fifth District (Guthrie County). Action on a promissory note made by the defendant, payable to Benjamin Pearson or order, and not indorsed to plaintiff or any other person. Defense, payment to the party entitled to receive the same. There was a trial to the court, and judgment rendered in favor of plaintiff for the amount of the note, interest and costs. The defendant appealed to the General Term, where the judgment was affirmed. The defendant now appeals to this court. All the evidence is contained in the transcript.
1Opinion of the Court
Cole, J.. promissory partylniaterest' The evidence in this case is all before us, and from it the following facts, which are substantially conceded by counsel for each party in argument, are clearly deducible: The plaintiff is the wife of the payee of the note, Benjamin Pearson. The payee, and husband of plaintiff, had brought suit against her for a divorce on the ground of adultery. After such suit was brought, the plaintiff and *346ber husband agreed that if he would let her have the note sued on and certain household furniture, in consideration thereof she would interpose no defense or claim…
2Cited by10 opinions
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- Cassidy v. WoodwardSupreme Court of Iowa · 1889
- City of Ames v. Schill Builders, Inc.Supreme Court of Iowa · 1979
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
- State v. NineSupreme Court of Iowa · 1898
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