Clinton National Bank v. Graves
Supreme Court of Iowa
Appeal from Story District Court. The plaintiff sues Wm. L. and Augusta M. Graves, as the makers, and Silas Thomas as the indorser of a promissory note for the sum of $175, payable to the order of Silas Thomas. The defendants, Wm. L. and Augusta M. Graves, answered, alleging that the note was executed and delivered ,on the 27th day of October, 1872, which was Sunday, but by mistake it was dated on and as though it was made on the ¡26th day of October.
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Appeal from Story District Court. The plaintiff sues Wm. L. and Augusta M. Graves, as the makers, and Silas Thomas as the indorser of a promissory note for the sum of $175, payable to the order of Silas Thomas. The defendants, Wm. L. and Augusta M. Graves, answered, alleging that the note was executed and delivered ,on the 27th day of October, 1872, which was Sunday, but by mistake it was dated on and as though it was made on the ¡26th day of October. These defendants further allege that ■the note was obtained by fraud and misrepresentation, and jihat the consideration has entirely failed.…
1Opinion of the CourtDay, J.
I. The abstract states that the defendants produced witnesses by whom they offered to prove that said note was, in fact, made on Sunday, and was obtained by fraud, and without consideration, to the introduction of which witnesses the plaintiff objected, on the ground that the proposed testimony was immaterial, which objection was sustained. This ruling was clearly erroneous. But the abstract further shows that, notwithstanding this ruling, the witnesses were introduced, and they testified that the note was made on Sunday, and further testified fully as to the fraud which defendants claim was…
2Cases cited2 opinions
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Rock Island National Bank v. NelsonSupreme Court of Iowa · 1875
3Cited by6 opinions
- Beems v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
- Whitmore v. HerrickSupreme Court of Iowa · 1928
- Selby v. McDonaldSupreme Court of Iowa · 1935
- Gooch v. GoochSupreme Court of Iowa · 1916
- Moseley v. Selma National BankAlabama Court of Appeals · 1911
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