Legal Opinion

Rindskoff Bros. v. Barrett

Supreme Court of Iowa

Decided October 11, 1860PublishedCited by 8 opinions

Appeal from Des Moines District Court. to the point that at common law a note payable in bank bills is not a promissory note with the ordinary incidents of negotiability, cited Irvine v. Lowry, 14 Pet. 299; Jones v. Pales, 4 Mass. 252; McCormack v. Trotter, ID Serg. & R. 94.

1Opinion of the CourtWris-ut, J.

This action was instituted upon an instrument in writing, styled a promissory note, dated April 13th 1857, due July 1st, 1858, payable to Geo. S. Eaton or order, *173for five hundredjlollars in currency, at the Banking House of White, Cook & Co., in the City of Burlington, and signed by the defendant.

The question made by counsel, and the only one we have to determine, is, whether this instrument is negotiable with all the incidents of negotiability, so as' to cut off defenses made by the maker against the assignee thereof.

There is no good ground for claiming the instrument to be negotiable, as a…

2Cases cited2 opinions

  1. Irvine Ex Rel. Lumberman's Bank at Warren v. LowrySupreme Court of the United States · 1840
  2. Clapp v. County of CedarSupreme Court of Iowa · 1857

3Cited by8 opinions

  1. Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
  2. Culbertson v. NelsonSupreme Court of Iowa · 1895
  3. Frink v. Commercial BankSupreme Court of Iowa · 1923
  4. Graydon, Swanwick & Co. v. Patterson & Co.Supreme Court of Iowa · 1862
  5. Huse v. HamblinSupreme Court of Iowa · 1870

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