McLaughlin-Gormley-King Co. v. Hauser
Supreme Court of Iowa
Appeal from Jasper District Court. — D. W. Hamilton, Judge. Action at law upon four promissory notes, aggregating $11,000, and each signed by the eight defendants. The plaintiff was not the payee of the notes, but took the same as an alleged holder in due course. The defendants pleaded that the notes were obtained from them by fraud, and that they were negotiated in breach of faith, and without authority. The trial court directed a verdict for the defendants.
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Appeal from Jasper District Court. — D. W. Hamilton, Judge. Action at law upon four promissory notes, aggregating $11,000, and each signed by the eight defendants. The plaintiff was not the payee of the notes, but took the same as an alleged holder in due course. The defendants pleaded that the notes were obtained from them by fraud, and that they were negotiated in breach of faith, and without authority. The trial court directed a verdict for the defendants. The plaintiff appeals.—
1Opinion of the CourtEvans, J.
Two of the notes sued on are for $2,500, each dated December 5, 1919, and due September 1, 1920, with 8 per cent interest after maturity. The other two notes are for $3,000 each, of like date with the former, but due on October 1, 1920, with interest after maturity. They are signed by all the defendants. They were all payable to the Gibford Chemical Company. They purported to carry the indorsement of such payee, by E. B. Gibford. These notes are a small part of a series, all delivered at the same time, and amounting to $500,000, and all signed by the same makers to the same payee. The…
2Cases cited1 opinion
- American Express Co. v. Peoples Savings BankSupreme Court of Iowa · 1921
3Cited by17 opinions
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- First National Bank v. DuttonSupreme Court of Iowa · 1925
- Second National Bank v. ScanlonSupreme Court of Iowa · 1923
- Windahl v. HasselmanSupreme Court of Iowa · 1924
- Conover v. HasselmanSupreme Court of Iowa · 1925
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