Lynch v. Nugent
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon.. W. P. Conrad, Judge. In December, 1884, there was pending in the district court of Polk county a suit of M. W. Lynch ». J. P. Nugent (parties herein), upon a petition as follows : ‘ ‘ Second Count. The plaintiff states that the defendant is pastor of the Catholic church in East Des Moines, know as ‘St. Michael’s Parish,’ and has the principal control and management of said church.
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Appeal from Pollc District Court. — Hon.. W. P. Conrad, Judge. In December, 1884, there was pending in the district court of Polk county a suit of M. W. Lynch ». J. P. Nugent (parties herein), upon a petition as follows : ‘ ‘ Second Count. The plaintiff states that the defendant is pastor of the Catholic church in East Des Moines, know as ‘St. Michael’s Parish,’ and has the principal control and management of said church. That he and the said church devised a scheme for. raising money for himself and the said church, which was as follows, to-wit: They proposed to bestow upon one person…
1Opinion of the CourtGranger, J.
1. Arbitration: agreement: construction: award. — I. It is said in argument that the plaintiff seeks to recover on .an express contract, as to wfdch there is a denial, and, as we understand appellant, that the arbitrators must have found for him on such a contract or not at all; and in this respect we think appellant’s position correct, as the averments of the petition are of express promises to pay or return the money expended. The arbitrators clearly, find that there was no previous promise to pay, or request for Lynch to expend, the money. It is, then, a question only if defendant, after…
2Cases cited3 opinions
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