Iowa Automobile & Supply Co. v. Manbeck
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — Josepi-i E. Meyer, Judge. Action to recover certain commissions paid by plaintiff to the defendant by mistake, in the sum of $225, for merchandise sold to defendant in the sum of $48.50, and on a check made by defendant to plaintiff, upon which payment was refused, in the sum of $185.49. Defendant denied the first two items, and admitted the execution of the check, but alleged that plaintiff had agreed to pay him any balance that…
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Appeal from Des Moines Municipal Court. — Josepi-i E. Meyer, Judge. Action to recover certain commissions paid by plaintiff to the defendant by mistake, in the sum of $225, for merchandise sold to defendant in the sum of $48.50, and on a check made by defendant to plaintiff, upon which payment was refused, in the sum of $185.49. Defendant denied the first two items, and admitted the execution of the check, but alleged that plaintiff had agreed to pay him any balance that might be found due, and set up a counterclaim amounting to $200 fox* coxxxixxissioxxs on alleged sales and expexxses…
1Opinion of the CourtPreston, J.
Two errors are assignedFirst, that the court erred in submitting the case to the jury over plaintiff’s objection, because the dexnand for jury was not made in time; secoxxd, that the court erred in overruling plaintiff’s motioxx for new trial because of miscondxxct ixx arguxnent of defendant’® counsel.
1. A rule of court xxxade under Section 694-c42, Supplenxexxtal Supplement to the Code, 1915 (Muxxicipal Court Act), provides that:
“If either party desires a jury trial, he shall file his request for the saxne with the clerk not later than the next day after the answer is filed.”
• The answer was…
2Cases cited3 opinions
- Haythorn v. Van Keuren & SonSupreme Court of New Jersey · 1909
- Klopp v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1912
- Phoenix Pottery Co. v. Arthur L. Perkins Co.Supreme Court of New Jersey · 1909
3Cited by1 opinion
- Freed v. CarlsonSupreme Court of Iowa · 1923