Legal Opinion

Sears v. Lantz & Bates

Supreme Court of Iowa

Decided March 21, 1878PublishedCited by 16 opinions

Appeal from Marshall Circuit Court. Action against the defendants Lantz & Bates as makers, and John Bowman as indorser of a negotiable promissory note. A demurrer having been sustained to so much of the petition as sought to charge Bowman as indorser, the plaintiff appeals.

1Opinion of the CourtServers, J.

i.promissory ment: “effect ot The note was payable to the defendant Bowman or order, and he wrote on the back thereof the following: “December 18, 1816, I hereby assign all my right an<^ ^le to Louis Mecldey. John Bowman.” The ground of demurrer was in substance that, no cause of action existed against the' defendant, Bowman, under and by virtue of the said writing. Without doubt it amounts to an assignment of all the defendant’s right and title in the note. Does this subject him to the liabilities of an indorser, is the question for determination. An indorsement differs from an assignment in…

2Cases cited2 opinions

  1. Sands v. WoodSupreme Court of Iowa · 1855
  2. Rowe v. HainesIndiana Supreme Court · 1860

3Cited by16 opinions

  1. Merrill v. HurleySouth Dakota Supreme Court · 1895
  2. Markey v. CoreyMichigan Supreme Court · 1895
  3. Dunham v. PetersonNorth Dakota Supreme Court · 1896
  4. Maine Trust & Banking Co. v. ButlerSupreme Court of Minnesota · 1891
  5. Behrens v. KirkgardCourt of Appeals of Texas · 1912

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