Union National Bank v. Barber
Supreme Court of Iowa
Appeal from Benton District Court. Action to foreclose a mortgage given to secure two promissory notes executed by the defendant Barber to one J. C. Fulkerson, and made payable to him or bearer. The intervenor, S. B. Fulkerson, claimed to own the notes. The maker of the notes, Barber, makes no defense, and the only question presented is in regard to the ownership. The court found that they were owned by the intervenor, and dismissed the plaintiff’s petition.
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Appeal from Benton District Court. Action to foreclose a mortgage given to secure two promissory notes executed by the defendant Barber to one J. C. Fulkerson, and made payable to him or bearer. The intervenor, S. B. Fulkerson, claimed to own the notes. The maker of the notes, Barber, makes no defense, and the only question presented is in regard to the ownership. The court found that they were owned by the intervenor, and dismissed the plaintiff’s petition. The plaintiff appeals.
1Opinion of the Court
Adams, Oh. J.
The intervenor averred in his petition tha'l he purchased the notes of the payee through one Twogood as his-agent; that Twogood retained the notes for collection; that while they were so held by Twogood, one Elliott, a partner of Twogood, wrongfully obtained possession of the notes, and wrongfully and fraudulently indorsed and transferred the same to the plaintiff. He further averred that the plaintiff has no right or interest in them, but that they belong to him. He did not aver that the plaintiff is not a bona fide holder for value. But the plaintiff for answer to the petition…
2Cases cited12 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Smith v. Sac CountySupreme Court of the United States · 1871
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Clapp v. County of CedarSupreme Court of Iowa · 1857
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3Cited by9 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Dunn v. National BankSouth Dakota Supreme Court · 1898
- Keokuk County State Bank v. HallSupreme Court of Iowa · 1898
- Pratt v. Fishwild & WilliamsSupreme Court of Iowa · 1903
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