Tufts v. Norris
Supreme Court of Iowa
Appeal from Poweshiek District Court. — Iíoír. A. H. Dewet, Judge. Action to recover amount due upon a promissory note. Defense: Payment in part, and in part, want of consideration, leaving due on said note, as averred by defendant, only the sum of $57.73, wbicb is tendered in the answer. The claimed payments in part arose from the balance of a mutual account between the parties-, which was set up by defendant.
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Appeal from Poweshiek District Court. — Iíoír. A. H. Dewet, Judge. Action to recover amount due upon a promissory note. Defense: Payment in part, and in part, want of consideration, leaving due on said note, as averred by defendant, only the sum of $57.73, wbicb is tendered in the answer. The claimed payments in part arose from the balance of a mutual account between the parties-, which was set up by defendant. Hpon defendant’s motion, and against the objection. of plaintiff, ihe cause was referred to one John F. Talbott, for findings of fact and conclusions of law thereon. The referee duly…
1Opinion of the Court
Waterman, J,
1 *2532 3 *2544 *252Plaintiff’s action was a simple one at law on a promissory note. The defenses pleaded, of payment and partial want of consideration, were legal defenses, and, upon the issues so raised, plaintiff had a right to a jury trial. The only matter pleaded which could have warranted a reference was the claimed credit on, or offset against, the note, arising from a balance"of accounts between the parties. We do not understand that a plaintiff, in a'law action, can be necessarily deprived of his right to a jury by pleading equitable matter in defenses. The cases involving accounts in…
2Cases cited4 opinions
- McMartin v. BinghamSupreme Court of Iowa · 1869
- Byers v. RodabaughSupreme Court of Iowa · 1864
- Lyons v. HarrisSupreme Court of Iowa · 1887
- Hackett v. HighSupreme Court of Iowa · 1870
3Cited by7 opinions
- Eller v. NewellSupreme Court of Iowa · 1913
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Benson v. Charles Weitz' SonsSupreme Court of Iowa · 1930
- Groen v. FerrisSupreme Court of Iowa · 1920
- Fleener v. NugentSupreme Court of Iowa · 1919
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