Grimm v. Warner
Supreme Court of Iowa
Appeal from the Johnson Circuit Court. Action by tbe indorsee of a promissory note. The defendants allege that the note was transferred after maturity, and set up, as a counter’ claim, that the payee of the note sold to the maker the good will of a certain ice business, and bound himself not to engage in the same business in Iowa City, and that he has violated this contract, whereby the makers of the note have sustained loss for which they seek to recover in this action.
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Appeal from the Johnson Circuit Court. Action by tbe indorsee of a promissory note. The defendants allege that the note was transferred after maturity, and set up, as a counter’ claim, that the payee of the note sold to the maker the good will of a certain ice business, and bound himself not to engage in the same business in Iowa City, and that he has violated this contract, whereby the makers of the note have sustained loss for which they seek to recover in this action. There was a verdict and judgment for plaintiffs in the sum of $700. Plaintiff appeals. The further facts of the case…
1Opinion of the CourtBeck, J.
i. pbomissoby heia as coiiatment. I. There was evidence introduced upon the trial of the case; in the court below, tending to show that, prior to the maturity of the note in suit, the payee indorsed it in blank and deposited it in a bank as collateral security upon a loan he had effected there; that prior to the payment of his own paper and before the maturity of the note, he sold this note to plaintiff, receiving consideration therefor. There was no indorsement or transfer of the note in writing to plaintiff, and it remained in the possession of the bank until after maturity, when it was…
2Cases cited2 opinions
- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Sheldon, Hoyt & Co. v. MiddletonSupreme Court of Iowa · 1859
3Cited by6 opinions
- Smith v. WebbSupreme Court of Alabama · 1912
- Lyon, Potter & Co. v. First Nat. Bank of Sioux CityCourt of Appeals for the Eighth Circuit · 1898
- Wilson v. DelaneySupreme Court of Iowa · 1907
- Nelson v. JohnsonSupreme Court of Minnesota · 1888
- Haydon v. NicolettiNevada Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.