McKewer v. Kirtland
Supreme Court of Iowa
Appeal from Jasper Circuit Court. This action was originally brought before a justice of the peace, and taken to the circuit court by appeal. It is based upon a promissory note, of which the following is a copy: “Prairie Cite, Nov. 15, 1868. “ Five months after date, I promise to pay to the order of Bartlett, Sheldon & De’Wolf, $129.16, at ten per cent interest, value received, without any relief from valuation or appraisement laws. “ (Signed) A. PI. Kirtland.”
Read the full summary
Appeal from Jasper Circuit Court. This action was originally brought before a justice of the peace, and taken to the circuit court by appeal. It is based upon a promissory note, of which the following is a copy: “Prairie Cite, Nov. 15, 1868. “ Five months after date, I promise to pay to the order of Bartlett, Sheldon & De’Wolf, $129.16, at ten per cent interest, value received, without any relief from valuation or appraisement laws. “ (Signed) A. PI. Kirtland.” The petition alleges that after the note became due, and on or about the 1st day of May, 1869, the payees thereof indorsed it to the…
1Opinion of the CourtMiller, J.
There is some conflict in the evidence on the issue whether the note was negotiated by appellants before or after maturity. Adams, the first indorsee, testifies that the note was over due when he took it, while Bartlett, one of appellants, states that the indorsement was made on the 1st day of April, 1869, which was fifteen days before the maturity, of the note.
In respect to the time of demand and notice, Adams testifies that on the same day he obtained the note from appellants he saw the maker and demanded payment, and saw him again a day or two afterward and told him he must raise the…
2Cases cited14 opinions
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Van Hoesen v. Van AlstyneNew York Supreme Court · 1829
- Berry v. RobinsonNew York Supreme Court · 1812
- Brenzer v. WightmanSupreme Court of Pennsylvania · 1844
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Beer v. CliftonCalifornia Supreme Court · 1893
- Graul v. StrutzelSupreme Court of Iowa · 1880