Sheldon v. Mickel
Supreme Court of Iowa
Appeal from Greene District Gourt. The plaintiffs, D. J. Sheldon and C. J. Quinn, in their petition aver in substance that on June 19, 1869, they borrowed of defendants, who are bankers, $811 for sixty days, and as collateral security for re-payment they left with defendants two notes made by Bailey & Go. to plaintiffs, aggregating $1,450, with the verbal agreement, that if plaintiffs failed to pay the loan at maturity the defendants should continue to hold the collaterals,…
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Appeal from Greene District Gourt. The plaintiffs, D. J. Sheldon and C. J. Quinn, in their petition aver in substance that on June 19, 1869, they borrowed of defendants, who are bankers, $811 for sixty days, and as collateral security for re-payment they left with defendants two notes made by Bailey & Go. to plaintiffs, aggregating $1,450, with the verbal agreement, that if plaintiffs failed to pay the loan at maturity the defendants should continue to hold the collaterals, notify the makers of them and collect, and should apply the collections to the satisfaction of the loan and pay the…
1Opinion of the CourtCole, J.
I. Upon the trial, the testimony on the part of plaintiffs tended to show that the transaction mentioned in the first count was a loan, while that of defendants tended, with quite as much force, to show that it was a sale. When the evidence was nearly concluded, the plaintiffs filed a petition under Code, Secs. 3685-6, asking that defendants be required to produce to be inspected, copied and used as evidence, their day-book, journal, ledger and cash book for the years 1869, 1870 and 1871, and stating that the defendants had the custody of said books, that there were entries therein showing…
2Cases cited1 opinion
- Scott v. SimeralSupreme Court of Iowa · 1859
3Cited by4 opinions
- Iowa Loan & Trust Co. v. District CourtSupreme Court of Iowa · 1910
- Muchmore Equipment, Inc. v. GroverSupreme Court of Iowa · 1982
- Lombard v. GregorySupreme Court of Iowa · 1890
- Brown v. Cass County BankSupreme Court of Iowa · 1892