O'Conner v. Kleiman
Supreme Court of Iowa
Appeal from Oelwein Superior Court. — Hon. M. D. Porter, Judge. This is an action upon a promissory note, for $150. The plaintiff claimed thereon as a holder in due course, under indorsement by the payee. The defendant pleaded as a defense that the note was given to the payee for an illegal consideration, and that the plaintiff was not a holder in due course, but was charged with notice of the infirmity in the note. There was a verdict for plaintiff, and judgment thereon.
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Appeal from Oelwein Superior Court. — Hon. M. D. Porter, Judge. This is an action upon a promissory note, for $150. The plaintiff claimed thereon as a holder in due course, under indorsement by the payee. The defendant pleaded as a defense that the note was given to the payee for an illegal consideration, and that the plaintiff was not a holder in due course, but was charged with notice of the infirmity in the note. There was a verdict for plaintiff, and judgment thereon. Defendant appeals.
1Opinion of the CourtEvans, C. J.
The note sued on is negotiable in form. It was drawn payable to one Miles, and bore indorsement in due form from Miles to O’Connor without recourse. It bore date July 1, 1905, and became due February 1, 1906. The contention of the defendant in defense thereto was that the real consideration of the note was the written consent of Miles, as adjacent property owner, to the maintenance of a saloon by defendant upon certain premises. The evidence offered on behalf of defendant tended to show that he desired to operate a saloon in the city of Oelwein in a certain building, and that Miles owned the…
2Cases cited11 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Commercial Bank of Essex v. PaddickSupreme Court of Iowa · 1894
- Keegan v. RockSupreme Court of Iowa · 1905
- Rosenbaum Bros. v. LevittSupreme Court of Iowa · 1899
- Baird v. BoehnerSupreme Court of Iowa · 1889
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3Cited by11 opinions
- In Re Estate of CocklinSupreme Court of Iowa · 1942
- Merchants Bank & Trust Co. v. Peoples BankWest Virginia Supreme Court · 1925
- Jones v. BrandtWisconsin Supreme Court · 1921
- First State Bank v. TobinSupreme Court of Iowa · 1927
- Plank v. SwiftSupreme Court of Iowa · 1919
6 more not listed; retrieve them via the Exa API.