Connelly v. Greenfield Savings Bank
Supreme Court of Iowa
Appeal from Aclair District Court. — H. S. Dugan, Judge. Plaintiff brought action in replevin against the Greenfield Savings Bank, to recover possession of a written instrument in the form of a promissory note which he alleges was obtained from him by fraud and without consideration. Writ of re-plevin was issued, and the writing was taken thereunder and delivered to plaintiff.
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Appeal from Aclair District Court. — H. S. Dugan, Judge. Plaintiff brought action in replevin against the Greenfield Savings Bank, to recover possession of a written instrument in the form of a promissory note which he alleges was obtained from him by fraud and without consideration. Writ of re-plevin was issued, and the writing was taken thereunder and delivered to plaintiff. Before the cause came on for trial, the Commercial Savings Bank of Des Moines intervened, alleging itself to be the real owner and holder of said instrument in due course, having purchased the same before due, in goo’d…
1Opinion of the CourtWeaver, J.
1- notes :Anegotia-lioidersinp^as e juiy guestaon.
I. The somewhat extended preliminary statement sufficiently discloses the nature of plaintiff's claim, as well as the opposing claims of the intervener. That the note in controversy had its origin in gross fraud and breach of faith on part of those who procured its making is not a matter of doubt, and the central issue in the case is whether the intervener is a holder of the note in due course, without notice of the defects therein, and therefore entitled to recover without regard to the equities between the original parties thereto. In his…
2Cases cited45 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
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3Cited by26 opinions
- Jerke v. Delmont State BankSouth Dakota Supreme Court · 1929
- Thompson v. ButlerSupreme Court of Iowa · 1937
- Cameron, SEC. of B. v. P. Bk. of MaytownSupreme Court of Pennsylvania · 1929
- Merchants Bank & Trust Co. v. Peoples BankWest Virginia Supreme Court · 1925
- First National Bank v. DuttonSupreme Court of Iowa · 1925
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