Douglass v. Matting
Supreme Court of Iowa
Appeal.from, Jasper Circuit Court. Wednesday, August 31. Action by an indorsee upon a promissory note. A count is the answer sets up a defense in the following words: “ And this defendant, for a further answer to the petition of the plaintiff, says, that on or about the date of the alleged execution of the said alleged promissory note, as set forth in said petition, a stranger called on this defendant, representing that he, the said stranger, was, the agent of one O. M.…
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Appeal.from, Jasper Circuit Court. Wednesday, August 31. Action by an indorsee upon a promissory note. A count is the answer sets up a defense in the following words: “ And this defendant, for a further answer to the petition of the plaintiff, says, that on or about the date of the alleged execution of the said alleged promissory note, as set forth in said petition, a stranger called on this defendant, representing that he, the said stranger, was, the agent of one O. M. Pond, and, as such agent, was appointing other agents and establishing agencies, for and in behalf of the said O. M. Pond,…
1Opinion of the CourtBeck, J.
It will be observed that the answer substantially admits the execution of the note, but, as a defense, alleged that defendant’s signature was obtained thereto by fraudulent misrepresentations of the agent of the payee; that defendant, relying upon the representations of the agent, to the effect that the paper was a contract of the character described, signed his name thereto. Of these facts it is not averred that plaintiff had notice when the note was indorsed to him. We are required to determine whether the answer presents a sufficient defense. It is conceded, that if the transaction of the *500a…
2Cases cited1 opinion
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
3Cited by28 opinions
- Chapman v. . RoseNew York Court of Appeals · 1874
- Nebeker v. CutsingerIndiana Supreme Court · 1874
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- McNeil v. JordanSupreme Court of Kansas · 1882
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