Callendar Savings Bank v. Loos
Supreme Court of Iowa
Appeal from Polk District Gourt. — Hon. W. H. Mo-Henry, Judge. Action at law upon a promissory note for the sum of • $1,000, made and executed by defendant to one Frank O. Peterson and by him indorsed in blank. .Plaintiff claims to be the owner, and asks judgment for the face thereof, with interest.
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Appeal from Polk District Gourt. — Hon. W. H. Mo-Henry, Judge. Action at law upon a promissory note for the sum of • $1,000, made and executed by defendant to one Frank O. Peterson and by him indorsed in blank. .Plaintiff claims to be the owner, and asks judgment for the face thereof, with interest. Defendant denied the allegations of the petition, and pleaded that the note was obtained from him by Peterson through force, fraud and extortion, and is and was without consideration. The case was tried to a jury, resulting in a directed verdict for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
After the jury was impaneled, plaintiff introduced its note in evidence and rested. Thereupon defendant .was placed upon the stand and gave the following testimony bearing upon the issue of duress:
I was acquainted with F. O. Peterson. At that time he resided in Oak Park, in this city. I had known him eight or ten years before that. I had some business transactions with him before May 22, 1903. We were organizing this German Mutual Insurance Company. Mr. Peterson used to live neighbor to me. Mr. Peterson met me on the street and told me he had just sold some coal land, and had several thousand…
2Cases cited6 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- Fargusson v. WinslowSupreme Court of Minnesota · 1885
- Kennedy v. RobertsSupreme Court of Iowa · 1898
- King v. WilliamsSupreme Court of Iowa · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Dennis v. HarrisSupreme Court of Iowa · 1915
- In Re Estate of WorkSupreme Court of Iowa · 1930
- State v. WegenerSupreme Court of Iowa · 1917
- Cornwall v. AndersonWashington Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.