Smith v. Clark & Whiting
Supreme Court of Iowa
Appeal from Henry District Court. Plauítiee sued before a justice of the peace, stating his cause of action in the original notice thus: “That you accepted and agreed and undertook and promised to pay him the amount of three certain, checks or drafts drawn on you by W. B. Sweet, tw.o of which are,” &e.
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Appeal from Henry District Court. Plauítiee sued before a justice of the peace, stating his cause of action in the original notice thus: “That you accepted and agreed and undertook and promised to pay him the amount of three certain, checks or drafts drawn on you by W. B. Sweet, tw.o of which are,” &e. Judgment for plaintiff before the justice, from which defendants appealed; and being successful in the district court, plaintiff appeals to this court. to the second point determined in the opinion of the court, cited 3 Kent. Com. 83; Miller v. Best, 4 Camp. R. 393; Pierson v. Dunlap, 5 Camp.…
1Opinion of the CourtWright, J.
Plaintiff assigns for error, the admission of certain testimony, and the giving and modification of certain instructions.
I. Prom the obscure record before us, it seems that plaintiff relied upon an oral, and not a written, acceptance of the drafts by the defendants. Defendants proposed to prove, against plaintiff’s objection, and did prove, that it was their custom in accepting drafts to always do so in writing, and to charge the same to the drawer and credit the same to the drawee on their books. Appellant insists that this testimony was improper, as tending to establish a custom to bind…
2Cited by6 opinions
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Tackman v. Brotherhood of American YeomanSupreme Court of Iowa · 1906
- Frederickson v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Barrick v. SmithSupreme Court of Iowa · 1957
- Providence Jewelry Co. v. S. Fessler & SonsSupreme Court of Iowa · 1909
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