Lumbert & Co. v. Palmer
Supreme Court of Iowa
Appeal from General Term, Ninth District, (Dubuque County.) Wednesday, June 15. Action upon a bill of exchange drawn by defendants upon Eeed & Boynton, payable to plaintiff at three days’ sight.
Read the full summary
Appeal from General Term, Ninth District, (Dubuque County.) Wednesday, June 15. Action upon a bill of exchange drawn by defendants upon Eeed & Boynton, payable to plaintiff at three days’ sight. The petition avers the drawing of the bill, its due presentment for acceptance, the refusal of the drawees to accept, and due notice thereof to defendants ; it is also averred that the drawees made their acceptance in writing on the bill, qualified, by making it payable in thirty days, which the plaintiffs refused to accept unless the defendants should first agree thereto in writing, which they…
1Opinion of the Court
Cole, Ch. J.
I. On the trial the plaintiffs introduced one of their firm as a witness, who testified as to certain facts in respect of the drawing of the bill, its consideration, etc. The witness was then asked as to a certain, conversation between him and the defendant Palmer, shortly after the maturity of the bill and in respect of his promise to pay the same. This was objected to because immaterial; the objection was overruled and proper exceptions taken. The witness answered, detailing a conversation tending to show a promise by defendant to pay the bill. Further testimony was also…
2Cases cited4 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Link v. VaughnSupreme Court of Missouri · 1853
- Shultz v. DepuyThe Superior Court of New York City · 1856
- Cole's Adm'r v. WintercostTexas Supreme Court · 1854
3Cited by17 opinions
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Heiman v. FelderSupreme Court of Iowa · 1916
- Robinson & Co. v. BerkeySupreme Court of Iowa · 1896
- Dwelling-House Insurance v. JohnsonSupreme Court of Kansas · 1891
- Edgerly v. Farmers' InsuranceSupreme Court of Iowa · 1876
12 more not listed; retrieve them via the Exa API.