Whitney v. Bird

Supreme Court of Iowa

Whitney v. Bird

11 Iowa 407

CourtSupreme Court of Iowa

DecidedApril 10, 1860

StatusPublished

Cited by2 cases

This text of 11 Iowa 407 (Whitney v. Bird) 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

Whitney v. Bird, 11 Iowa 407 (iowa 1860).

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Opinion

Baldwin, J.

The note sued on was executed on the 19th day of December, 1859, payable five months after date. It also being negotiable the defendants were entitled to days of-grace. The suit was commenced upon the 16th day of May, 1860, before the maturity of the note. The plaintiffs did not aver in their petition any reason for the commencement of the suit prior to its maturity. The defendants not having waived this objection to the rights of plaintiffs to recover in the court below, the judgment must be reversed.

Judgment reversed.

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Baldwin, J.

The note sued on was executed on the 19th day of December, 1859, payable five months after date. It also being negotiable the defendants were entitled to days of-grace. The suit was commenced upon the 16th day of May, 1860, before the maturity of the note. The plaintiffs did not aver in their petition any reason for the commencement of the suit prior to its maturity. The defendants not having waived this objection to the rights of plaintiffs to recover in the court below, the judgment must be reversed.

Judgment reversed.

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Bluebook (online)

11 Iowa 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-bird-iowa-1860.

Opinion

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