Glidden v. Higbee
Supreme Court of Iowa
Appeal from Johnson Circuit Court. The plaintiff sued before a justice of the peace as assignee of an instrument as follows: Jarmary 26, 1870. “ Me. 0. Teeadwell : As soon as I am notified of the arrival of the following trees, plants, etc., at Iowa City during the spring of 1870, amounting in value to the sum of $17.50,1 will be promptly on hand to receive them and pay you the above amount for the same. [Signed] “Obadiah Higbee.”
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Appeal from Johnson Circuit Court. The plaintiff sued before a justice of the peace as assignee of an instrument as follows: Jarmary 26, 1870. “ Me. 0. Teeadwell : As soon as I am notified of the arrival of the following trees, plants, etc., at Iowa City during the spring of 1870, amounting in value to the sum of $17.50,1 will be promptly on hand to receive them and pay you the above amount for the same. [Signed] “Obadiah Higbee.” To this was affixed a five cent revenue stamp canceled with a cross and the date of the instrument. The defendant appeared on the day set for trial and filed a…
1Opinion of the CourtMiller, J.
— On the trial in the circuit court after the plaintiff had read the instrument sued on and closed his testimony in chief, the defendant was called as a witness and, against the objection of the plaintiff, testified that the contract sued on was not stamped by him when made and delivered to the assignor of the plaintiff, nor had he at any time authorized any one to stamp it for him, or in any way ratified or agreed to the stamping thereof. The objection of plaintiff was based on the ground that no issue had been-made in the pleadings on the question of the stamping, and was overruled by the…
2Cases cited2 opinions
- Hall v. MonahanSupreme Court of Iowa · 1855
- Greff v. BlakeSupreme Court of Iowa · 1864
3Cited by2 opinions
- Shawyer v. ChamberlainSupreme Court of Iowa · 1900
- Chicago & Northwestern Railway Co. v. WeaverSupreme Court of Iowa · 1900