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Norton v. Knapp

Supreme Court of Iowa
19 N.W. 867 (1884)


Facts

Norton & Keeler (Norton) (plaintiff) sold and delivered a mill to Miles Knapp (defendant). The agreed price for the mill was $80, which was to be paid upon delivery. Later, after the mill was delivered, Norton drew a sight draft on Knapp, which required Knapp to pay $80 to Norton on sight of the mill. Norton provided the draft to Knapp for acceptance. On the back of the draft, Knapp wrote, “Kiss my foot. Miles Knapp.” When Knapp failed to pay for the mill, Norton sued Knapp to collect $80 based on the draft. The jury delivered a verdict in favor of Knapp, and the trial court entered judgment for Knapp based on the verdict. Norton appealed.

Rule of Law

Issue

Holding and Reasoning (Seevers, J.)

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