Eldred v. Peterson
Supreme Court of Iowa
■Appeal from■ Jones District Court. — How. J. H. PrestoN, Judge. AotioN upon a promissory note. The cause was tried by a jury. Upon direction of the court, a verdict was had for plaintiff, and judgment rendered thereon. Defendant appeals.
1Opinion of the CourtBeck, J.
1 pkohissoey charge'oit íypaítpayment- — I. The note in suit was executed by-defendant and another, jointly, for property purchased by them of plaintiff. .The defendant, soon after the maturity of the note, paid nearly one-half of the principal, under the following circumstances: He went to the house of plaintiff, and, not finding him at home, made the payment to plaintiff’s son, a minor, who at the time was in bad health. He requested the son to indorse the amount, “Paid,” and to take his name off the note, that is, to erase his signature, which was done. The son had no authority to make the…
2Cases cited3 opinions
- Works v. HersheySupreme Court of Iowa · 1872
- Bryan v. BrazilSupreme Court of Iowa · 1879
- Rea v. OwensSupreme Court of Iowa · 1873
3Cited by5 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Walston v. F. D. Calkins Co.Supreme Court of Iowa · 1903
- Stoutenberg v. HuismanSupreme Court of Iowa · 1895
- Cartan & Jeffrey v. Wm. Tackaberry Co.Supreme Court of Iowa · 1908
- McKinnon v. HoldenNebraska Supreme Court · 1909