Harrison v. McKim
Supreme Court of Iowa
Appeal from Clinton - District Court. Holsaple made his note to McKim or order, which the payee indorsed to plaintiff in blank. Under the issues and testimony the court submitted to the jury this interrogatory : “ Does the evidence satisfy you, and do you find that Harrison took the note of McKim, without recourse on' -MbKim, and with an express -understanding that he was to look for payment solely and exclusively to the maker? ” This inquiry was answered in the affirmative.
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Appeal from Clinton - District Court. Holsaple made his note to McKim or order, which the payee indorsed to plaintiff in blank. Under the issues and testimony the court submitted to the jury this interrogatory : “ Does the evidence satisfy you, and do you find that Harrison took the note of McKim, without recourse on' -MbKim, and with an express -understanding that he was to look for payment solely and exclusively to the maker? ” This inquiry was answered in the affirmative. A motion for a- new trial was made and overruled; judgment accordingly, and plaintiff appeals.
1Opinion of the Court
Wright, Ch. J.
1. Promissory note: full indorsement. 2. - blank indorsement. The question here presented, though, much discussed in other courts, is a new one for this State. The indorsement was by the payee in blank; never was filled up; and now the inquiry is, , „ , . , J * whether it was competent for the indorser to show, by parol, the true nature-of the contract, as that there was to be no recourse on him; or, in other words, whether the rule which forbids the admission of parol proof to alter or change written instruments, applies to contracts raised by operation of law, such as that…
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