82 Iowa 56 | Iowa | 1891
I. The appellee moves to dismiss the appeal on the ground that no appeal lies from the
II. The first count of the cross-bill alleges that the stallion named “ Bosco ” was purchased under a written
In the second count it is alleged that, under the same written agreement, they (Christ and Smith) purchased another stallion named “Matador,” at the same price, of which five hundred dollars was paid, and their note given for the seven hundred and fifty dollars. That afterwards another contract in writing was entered into, whereby five hundred dollars was credited on the note, and wherein it was agreed that, if said horse did not recover from a sickness with which he was then afflicted, Springer and Williard would surrender said note. It is alleged that the horse failed to recover from said sickness, that the note was demanded, and that Springer and Williard refused to surrender it. Judgment is asked in the cross-bill against Springer and Williard for five hundred dollars and interest, for the surrender of the notes, and that, if the plaintiff recover judgment, they (Christ and Smith) have-judgment for the same amount against Springer and Williard. By the amendment these allegations are made part thereof, and it is further alleged that Springer and Williard were the owners of the note in suit when the horse Bosco was returned, and that they then promised to surrender said note in a few days, or send another horse, as provided in the contract of purchase, and also to surrender the other note. That thereafter Springer and Williard and the plaintiff bank conspired to deprive Christ and Smith of their rights under said contract, and that the transfer of the note in suit was made with full knowledge of all the facts on the part of the bank, as collateral for a small loan, and for the purpose of depriving Christ and Smith “of the right of adjusting the matters arising from the breach of said agreements between them and Springer and Williard, and that Springer and Williard are insolvent.”
III. It is contended that this cross-petition is within the provisions of section 2663, of the Code, which is as
Oar conclusion is that the ruling of the district court should be sustained as to the second count of the cross-petition, and overruled as to the first. Modified AND AFFIRMED.