Haggard v. Holmes
Supreme Court of Iowa
Appeal from Muscatine District Court. — Hon W. F„. Bbannan, Judge. Action to recover the amount due on certain prom- ' issory notes given by the defendant W. G-. Holmes. His wife and codefendant Hannah Holmes-, filed a. demurrer to the petition, which was overruled, and then filed an answer, which contained two divisions. A. demurrer of the plaintiff to the second division was overruled.
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Appeal from Muscatine District Court. — Hon W. F„. Bbannan, Judge. Action to recover the amount due on certain prom- ' issory notes given by the defendant W. G-. Holmes. His wife and codefendant Hannah Holmes-, filed a. demurrer to the petition, which was overruled, and then filed an answer, which contained two divisions. A. demurrer of the plaintiff to the second division was overruled. He elected to stand on his demurrer, and judgment was rendered in favor of Hannah Holmes for costs. The plaintiff appeals.
1Opinion of the CourtRobiNSON, J.
The petition alleges that the defendant W. Gr. Holmes purchased an atlas or history of Muscatine county, Iowa, with pictures of himself and his wife inserted therein, and that he gave the notes in suit in settlement of the indebtedness incurred by his purchase; that the book was purchased for the benefit of the family of the defendants, and was used and kept for use by the family. In the second division of her answer, Mrs. Holmes alleges that, when the vendor of the book sought to sell it to her husband, she protested to the vendor against the purchase, and notified him that she did not want…
2Cases cited1 opinion
- Devendorf & Mann v. EmersonSupreme Court of Iowa · 1885
3Cited by1 opinion
- Capitol Hill Monument Co. v. WelchSupreme Court of Iowa · 1921