Stevens v. Campbell
Supreme Court of Iowa
Appeal from, the Polk District Court. Action on a promissory note for $330,00, of which the plaintiff was the assignee. The defendant, Wright, answered, averring payment of the note, except thirty or forty dollars.
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Appeal from, the Polk District Court. Action on a promissory note for $330,00, of which the plaintiff was the assignee. The defendant, Wright, answered, averring payment of the note, except thirty or forty dollars. The other defendant, Campbell, answered, alleging that he signed said note as security for Wright, which fact was well known to said plaintiff; that the execution and indorsement of said note, was to enable the said Wright to borrow a certain sum of money, at about three and a half per cent, per month, in avoidance of the usury laws ; that said Campbell, five or six months ago,…
1Opinion of the CourtStockton, J.
— The application for a continuance was properly overruled. The matters in dispute between the plaintiff and the defendant, Campbell, had been fully set forth in Campbell’s answer, and the plaintiff had been required to reply thereto under oath. His replication setting forth his knowledge, information and belief, was duly filed, and defendant was entitled to use it upon the trial. If deemed inexplicit, or insufficient, the defendant should have applied to the court to have the same made more full and complete. But having called for a replication to be given under oath, after the same was duly…
2Cases cited1 opinion
- McGregor v. ArmillSupreme Court of Iowa · 1855
3Cited by12 opinions
- Fromme v. JonesSupreme Court of Iowa · 1862
- Jacobson v. United States Gypsum Co.Supreme Court of Iowa · 1911
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- State ex rel. Veile v. FunckSupreme Court of Iowa · 1864
- Wiar v. Wabash RailroadSupreme Court of Iowa · 1913
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