Western Wheeled Scraper Co. v. Stickleman
Supreme Court of Iowa
Appeal from, Taylor District Court. — Hon. H. M. Towner, Judge. ActioN on two promissory notes, each for $215. Defendants denied that the notes imported personal obligation of defendants, and in a separate division of their answer alleged that the language of the notes had been adopted by the parties by mutual mistake as to its effect, and that thejr intention was that defendants should execute notes which should be binding only on Polk township, of Taylor county, of which…
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Appeal from, Taylor District Court. — Hon. H. M. Towner, Judge. ActioN on two promissory notes, each for $215. Defendants denied that the notes imported personal obligation of defendants, and in a separate division of their answer alleged that the language of the notes had been adopted by the parties by mutual mistake as to its effect, and that thejr intention was that defendants should execute notes which should be binding only on Polk township, of Taylor county, of which the defendants' were trustees at the time the notes were executed; and the defendants asked that the notes be reformed to…
1Opinion of the Court
McClaiN J.
It appears without controversy that the notes were in printed form, the blanks being filled in by the' agent of the plaintiff, and sent to defendants for signature, and when signed were both substantially in the form following, the written words being here printed in italics:
“Polk Township, Taylor Co., Iowa.
“$215.00 6 10th, 1896.
“On or before two years after date we promise to pay to the Western Wheeled Scraper Co., or order at Citizens Bank of Bed-ford, Iowa, Two Hundred fifteen-and-00-ioo Dollars with interest at 6 per cent, per annum, payable annually, for value received, and if…
2Cases cited11 opinions
- Lee v. PercivalSupreme Court of Iowa · 1892
- Stafford v. FettersSupreme Court of Iowa · 1881
- Jamison v. State InsuranceSupreme Court of Iowa · 1892
- Hausbrandt v. HoflerSupreme Court of Iowa · 1902
- J. T. Mathews & Co. v. Dubuque Mattress Co.Supreme Court of Iowa · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Myers v. ChesleyMissouri Court of Appeals · 1915
- Consumers Twine & Machinery Co. v. Mount Pleasant Thermo Tank Co.Supreme Court of Iowa · 1923
- Farmers' National Bank v. HatcherSupreme Court of Iowa · 1916
- Western Wheeled Scraper Co. v. McMillenNebraska Supreme Court · 1904
- G. E. Conkey Co. v. BochmannDistrict Court, N.D. Iowa · 1963
1 more not listed; retrieve them via the Exa API.