Wright, Dryden & Co. v. Flinn
Supreme Court of Iowa
Appeal from Polk Circidt Cowrt. Defendant, Daniel M. Flinn, commenced an action to enjoin tbe collection of a promissory note payable to and held by plaintiffs, Wright, Dryden & Co., executed by defendant and one F. S. Graham. An injunction allowed in the case was dissolved. In a cross-bill filed by Wright, Dryden & Co., they claim to recover against Flinn the amount of the note.
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Appeal from Polk Circidt Cowrt. Defendant, Daniel M. Flinn, commenced an action to enjoin tbe collection of a promissory note payable to and held by plaintiffs, Wright, Dryden & Co., executed by defendant and one F. S. Graham. An injunction allowed in the case was dissolved. In a cross-bill filed by Wright, Dryden & Co., they claim to recover against Flinn the amount of the note. In this form the action was tried and the issues involving Flinn’s liability upon the note were determined. The title of the cause seems to have been changed in this court by the mutual assent and concurrence of the…
1Opinion of the Court
Beck, Ch. J.
The facts of this case are substantially as follows: The plaintiffs indorsed certain drafts, drawn by one F. S. Graham, a banker, which were discounted by the State National Bank of Des Moines. The drafts were not paid by the drawers, and, after due notice of non-payment, the plaintiffs paid and took up the paper, the same having been returned to the State National Bank. The plaintiffs thereupon presented the drafts to Graham and demanded payment thereof. He represented that, by reason of tern porary embarrassment, he was unable to meet the drafts, but that, if time should be…
2Cases cited2 opinions
- Douglass v. MattingSupreme Court of Iowa · 1870
- Bank of Middlebury v. BinghamSupreme Court of Vermont · 1861
3Cited by6 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Carnes v. MitchellSupreme Court of Iowa · 1891
- United States v. TholenDistrict Court, N.D. Iowa · 1960
- Manion v. BradySupreme Court of Iowa · 1912
- First National Bank v. HallSupreme Court of Iowa · 1915
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