Legal Opinion

Ferrier v. Storer

Supreme Court of Iowa

Decided April 25, 1884PublishedCited by 12 opinions

Appeal from Cero Gordo Cvreuit Court. Action upon an account. The defendant pleaded a general denial. He also, by way of counter-claim, pleaded tbat the plaintiff was indebted to him for interest on money loaned, for the use of certain land, for money paid to remove an incumbrance from land purchased of plaintiff, for labor and lumber furnished plaintiff, and for an overpayment for land.

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Appeal from Cero Gordo Cvreuit Court. Action upon an account. The defendant pleaded a general denial. He also, by way of counter-claim, pleaded tbat the plaintiff was indebted to him for interest on money loaned, for the use of certain land, for money paid to remove an incumbrance from land purchased of plaintiff, for labor and lumber furnished plaintiff, and for an overpayment for land. There was a trial to a jury, and verdict and judgment were rendered for the defendant for $208.65. The plaintiff appeals.

1Opinion of the CourtAdams, J.

1. Contract by Letter: proposal and acceptance: facts constituting. I. The first question arises upon an instruction pertaining to interest charged plaintiff by defendant. The interest charged is for $300, alleged to have keen loaned to plaintiff by defendant on the 29th day of May, 1871. The defendant denies the loan. The undisputed fact is that the plaintiff *486liad that sum in his hands at that time, which the defendant had sent him to invest in land. Not finding an immediate opportunity to make such investment, the plaintiff wrote to the defendant, proposing to borrow it and pay him ten per…

2Cases cited6 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Moore v. PiersonSupreme Court of Iowa · 1858
  4. Stockham v. StockhamCourt of Appeals of Maryland · 1870
  5. Brisban v. BoydNew York Court of Chancery · 1832

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3Cited by12 opinions

  1. Fire Association of Phila. v. Allis Chalmers Mfg. Co.District Court, N.D. Iowa · 1955
  2. Bleecker v. MillerSupreme Court of Oklahoma · 1914
  3. Crews v. SullivanSupreme Court of Virginia · 1922
  4. Tuttle v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1905
  5. Estate of Michael G. Cox II by Executors, Joleen Cox and Michael G. Cox Sr., and Joleen Cox, Individually and Michael G. Cox Sr., Individually. v. Dunakey & Klatt, P.C. N/K/A Klatt, Odekirk, Augustine, Sayer, Treinen & Rastede, P.C.Supreme Court of Iowa · 2017

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