Hamilton v. Iowa City National Bank
Supreme Court of Iowa
Appeal from Johnson District 'Court. This is an action of replevin for a promissory note for $250.00, executed October 4th, 1872, by Joseph and Christian Shettler, payable one year after date to the order of Ezra Hamilton. The petition alleges that plaintiff is the owner of the note, and that the alleged cause of detention is that the Iowa City National Bank received it for collection on account of John Wilde.
Read the full summary
Appeal from Johnson District 'Court. This is an action of replevin for a promissory note for $250.00, executed October 4th, 1872, by Joseph and Christian Shettler, payable one year after date to the order of Ezra Hamilton. The petition alleges that plaintiff is the owner of the note, and that the alleged cause of detention is that the Iowa City National Bank received it for collection on account of John Wilde. The answer alleges that the note is the property of Wilde, and that he is entitled to the possession thereof. The evidence showed that Cornelius Hamilton, plaintiff’s brother, passed…
1Opinion of the CourtDay, J.
The finding of a court upon questions of fact stands as the verdict of a jury, and will not be disturbed unless clearly unsupported by the testimony. The findings of the court, however, in this case we think are fairly sustained by a preponderance of the testimony.
It is in evidence that Ezra Hamilton admitted upon various occasions, that the note in question was executed for borrowed money which belonged to Cornelius, and that the note was taken in the name of Ezra, because Cornelius was a minor. It further appears that the note was handed to Cornelius in February or March, to procure money…
2Cited by11 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Wilson v. FindleySupreme Court of Iowa · 1937
- Joseph v. MangosSupreme Court of Iowa · 1921
- Sisters of Visitation v. GlassSupreme Court of Iowa · 1876
- Rhoades v. McNultyMissouri Court of Appeals · 1893
6 more not listed; retrieve them via the Exa API.