Pilmer v. Branch of State Bank
Supreme Court of Iowa
Appeal from Polh District Qourt. Action by tbe payee against tbe drawers of tbe following instrument “No. 2646. Tbe Branch of tbe State Bank of Iowa, at Des Moines. “ Des Moines, May 22d, 1861. “ Pay to tbe order of Philip Pilmer, in currency, one hundred and thirty six Tyu dollars. “ Hoyt Sherman, Cashr.” “ To Marine Bank, Chicago, 111.” Tbe petition alleged due demand, protest and notice of non-payment to tbe defendant.
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Appeal from Polh District Qourt. Action by tbe payee against tbe drawers of tbe following instrument “No. 2646. Tbe Branch of tbe State Bank of Iowa, at Des Moines. “ Des Moines, May 22d, 1861. “ Pay to tbe order of Philip Pilmer, in currency, one hundred and thirty six Tyu dollars. “ Hoyt Sherman, Cashr.” “ To Marine Bank, Chicago, 111.” Tbe petition alleged due demand, protest and notice of non-payment to tbe defendant. Tbe answer admits tbe drawing of tbe bill by tbe defendant, and sets up tbe following defense, viz.: That on tbe 8th day of May, 1861, tbe plaintiff made with defendant a…
1Opinion of the CourtDillon, J.
I. One assignment of error consists in the refusal of the Court to exclude, on the plaintiff’s motion, the entire deposition of Hamilton B. Dox, taken on behalf of the defendants. Defendants served a notice upon the plaintiff that they would sue out a commission empowering a designated and proper officer in Chicago, Cook county, Illinois “to take the depositions of J. R. Yalentine and such person or persons as were acting tellers or cashiers of the Marine Bank of Chicago, on the 29th day of-, 1861, and on the 4th day of June, 1861.”
The plaintiff objected, in limine, to the sufficiency of this…
2Cases cited18 opinions
- Creery v. HollyNew York Supreme Court · 1835
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- Field v. SchricherSupreme Court of Iowa · 1862
- Thompson v. SloanNew York Supreme Court · 1840
- Erwin v. SaundersNew York Supreme Court · 1823
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3Cited by14 opinions
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- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Hull v. MitchellSupreme Court of Iowa · 1917
- Huse v. HamblinSupreme Court of Iowa · 1870
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