Norton v. Knapp

19 N.W. 867 (1884)

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Nature of the Case

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Facts

Ps sold and delivered to D a flaxseed-cleaner mill, at the agreed price of eighty dollars, no part of which had been paid, and that the same was then due. Ps drew a sight draft on D for the agreed price. It stated: 'At sight pay to the order of Exchange Bank of Nora Springs, Iowa, eighty dollars, value received, and charge the same to the account of Miles Knapp, Nora Springs, Ia 'NORTON & KEELER.' On the back, D wrote the following: 'Kiss my foot. MILES KNAPP.' Ps sued D in part on the draft itself. D demurred, on the ground 'that the draft set out in the petition does not show a legal acceptance.' The demurrer was overruled, and D plead a special defense as to the flaxseed-cleaner. A jury was impaneled, and P offered in evidence the draft to which D objected because it had not been accepted by him. The objection was sustained, and the jury found for D. P appealed.