Wilkinson, Stetson & Co. v. Sargent
Supreme Court of Iowa
Appeal from Jefferson District Court. On the 2d August, 1855, the defendant gave his note for $515.58 to Webster, Button & Call, payable in one year, which was indorsed to the plaintiffs without date. It was payable at the banking house of Henn, Williams & Co., in Chariton, Iowa.
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Appeal from Jefferson District Court. On the 2d August, 1855, the defendant gave his note for $515.58 to Webster, Button & Call, payable in one year, which was indorsed to the plaintiffs without date. It was payable at the banking house of Henn, Williams & Co., in Chariton, Iowa. The defendant pleaded payment, and offered to introduce in evidence, the depositions of witnesses to show that when he purchased the goods for which the note was given, and when that was given, the payees told him he might remit the money without paying it at the bank at Chariton, and that on the 28th of August,…
1Opinion of the CourtWoodward, J.
The instruction that the indorsement was prima facia evidence of the transfer of the note before due, was unquestionably correct, and the proof of payment to the payees was unavailing, unless the defendant could show that it was made before the transfer, or that the indorsement -was made after due, which he did not attempt.
It follows that the court did not err in rejecting the testimony. Neither was there any ground for granting a new trial.
The judgment is affirmed.
2Cited by1 opinion
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