James v. Smith
Supreme Court of Iowa
Appeal from General Term, Fifth District (Polk County.) The petition as it stood at the time of the trial, after several amendments, contained two counts.
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Appeal from General Term, Fifth District (Polk County.) The petition as it stood at the time of the trial, after several amendments, contained two counts. The first alleged, in substance, that the plaintiff loaned to Redhead & "Wellslager the sum of $1,200; that a note was made by the defendant Smith for the amount of the loan, payable to the order of Redhead & Wellslager, and by them indorsed in blank and delivered to the plaintiff, the defendants Redhead & Wellslager at the time agreeing and promising by parol to pay the amount of the note to the plaintiff, in the event that the plaintiff…
1Opinion of the CourtMiller, J.
But a single question is presented by the record for our determination. The promissory note was inade by Smith, payable to the order of Redhead & Wellslager, and by them indorsed in blank and delivered to the plaintiff. The court permitted the plaintiff to give parol evidence of a contract different from that implied by a blank indorsement, and showing the real nature of the transaction; that the indorsers obtained the loan from the plaintiff, promised to repay the money to the plaintiff, and waived demand, and notice of non-payment by the maker.
The instructions given to the jury were also…
2Cases cited1 opinion
- Harrison v. McKimSupreme Court of Iowa · 1865
3Cited by4 opinions
- First Nat. Bank v. CrabtreeSupreme Court of Iowa · 1892
- Berry v. GrossSupreme Court of Iowa · 1921
- Farmers Savings Bank v. HansmannSupreme Court of Iowa · 1901
- Leach v. Plymouth County Savings Bank of Le MarsSupreme Court of Iowa · 1926