Gordon v. Anderson
Supreme Court of Iowa
Appeal from Lee District Coiwt. — Hon. J. M. Casey, Judge. The plaintiff, as assignee for value and before maturity of two promissory notes executed by defendants, payable “to Charles R. Whitesell et at. or order,” asks judgment thereon, and the foreclosure of a mortgage given by the defendants to secure the same.
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Appeal from Lee District Coiwt. — Hon. J. M. Casey, Judge. The plaintiff, as assignee for value and before maturity of two promissory notes executed by defendants, payable “to Charles R. Whitesell et at. or order,” asks judgment thereon, and the foreclosure of a mortgage given by the defendants to secure the same. The defendants answered that the notes and mortgage were executed for part of the purchase price of certain real estate sold to them by Charles R., Emily, J. L. and Phebe J. Whitesell, and for which Charles R., J. L. and Phebe J. executed to the defendants a warranty deed warranting…
1Opinion of the CourtGiven, J.
I. The discussion is addressed entirely to the question whether the promissory notes sued *226upon are negotiable. It will be observed that they are promises “to pay to Charles B. Whitesell et al. or order.” The discussion is as to the construction to be-given to the words “et al.,” and the effect thereof. The words as here used evidently mean “and others.”' Therefore, the notes are payable to Charles E. Whitesell and others or order, without designating whom the others are. To learn what qualities are essential to a negotiable promissory note, says Mr. Parsons in his work on notes and bills,…
2Cases cited3 opinions
- Ryhiner v. FeickertIllinois Supreme Court · 1879
- Smith v. MarlandSupreme Court of Iowa · 1882
- Moore v. AndersonIndiana Supreme Court · 1856
3Cited by4 opinions
- American National Bank v. KerleyOregon Supreme Court · 1923
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- Sawyer v. CampbellSupreme Court of Iowa · 1899
- Central State Bank v. SpurlinSupreme Court of Iowa · 1900