Robinson v. Hurley
Supreme Court of Iowa
Appeal from Duhuque District Court. The plaintiff brought his suit to recover $554.69 as the amount due on a promissory note. Defendant pleaded payment and set-off founded upon the following receipt to-wit: . , Received, Dubuque, August 6th, 1857, of John Hurley, two orders on the treasurer of Dubuque City, both orders dated August 4th, 1857. One is numbered 4146 calling for five hundred dollars; the other is No 4148 calling for two hundred and fifty dollars.
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Appeal from Duhuque District Court. The plaintiff brought his suit to recover $554.69 as the amount due on a promissory note. Defendant pleaded payment and set-off founded upon the following receipt to-wit: . , Received, Dubuque, August 6th, 1857, of John Hurley, two orders on the treasurer of Dubuque City, both orders dated August 4th, 1857. One is numbered 4146 calling for five hundred dollars; the other is No 4148 calling for two hundred and fifty dollars. The above orders are placed in my possession as security for a certain note, dated as above, calling for five hundred and forty-six…
1Opinion of the CourtLowe, C. J.
Upon the foregoing facts the court, at the request of the defendant, gave the following instructions as the law of this case, to-wit: That under the receipt offered in evidence by defendant, if the plaintiff sold the scrip at all, he was required by the terms of the receipt to sell the same at or about the time of the maturity of the note; and that if they (the jury) find from the evidence that said plaintiff had not sold the scrip, he was liable for the value of said scrip at or about the time of the maturity of the note. The court also refused to charge the jury that the value of the scrip…
2Cited by25 opinions
- Furness v. Union National BankIllinois Supreme Court · 1893
- Sonoma Valley Bank v. HillCalifornia Supreme Court · 1881
- Appeal of JeanesSupreme Court of Pennsylvania · 1887
- Walley v. Deseret National BankUtah Supreme Court · 1896
- Jenckes v. RiceSupreme Court of Iowa · 1903
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