Farmers' National Bank v. Fletcher

Supreme Court of Iowa

Farmers' National Bank v. Fletcher

40 Iowa 431

DecidedApril 26, 1875

StatusPublished

This text of 40 Iowa 431 (Farmers' National Bank v. Fletcher) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farmers' National Bank v. Fletcher, 40 Iowa 431 (iowa 1875).

Pincite

Opinion

Miller, Ch. J.

-This judgment must be reversed. The counter claim pleaded by appellant states, a good cause of action, and, if true, must defeat the plaintiff’s recovery upon the note and mortgage sued on. It attacks them for fraud, and asks their cancellation. There was no reply to this counter claim filed by ifiaintiff. The allegations of fact therein stated being undenied, are to be taken as true. Code § 2712. This being the condition of the pleadings, it was error to render judgment for plaintiff.

Beversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Miller, Ch. J.

-This judgment must be reversed. The counter claim pleaded by appellant states, a good cause of action, and, if true, must defeat the plaintiff’s recovery upon the note and mortgage sued on. It attacks them for fraud, and asks their cancellation. There was no reply to this counter claim filed by ifiaintiff. The allegations of fact therein stated being undenied, are to be taken as true. Code § 2712. This being the condition of the pleadings, it was error to render judgment for plaintiff.

Beversed.

Cite This Page — Counsel Stack

Bluebook (online)

40 Iowa 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-national-bank-v-fletcher-iowa-1875.