Second National Bank of New Hampton v. Mielitz

I. Jury was waived, and case tried to the court. The case is not reviewable here de novo. The trial court’s findings of fact must be sustained if there is evidence to support them, regardless of our views upon the weight of the evidence.

The note sued upon is payable to the order of S. R. Ure, and contains this provision: ‘ ‘ The makers and endorsers of this note each * * * agree to extension of time from time to time by any one of the signers.” By the rule of this jurisdiction, the note is nonnegotiable. Cedar Rapids Nat. Bank v. Weber, 180 Iowa 966; Quinn v. Bane, 182 Iowa 843; Farmers Nat.…