Merrill v. Hole
Supreme Court of Iowa
Appeal from Marshall District Court. — HoN. D. E. Hindman, Judge. Action upon what is now commonly known as a “Bohemian oats note.”
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Appeal from Marshall District Court. — HoN. D. E. Hindman, Judge. Action upon what is now commonly known as a “Bohemian oats note.” The note was executed July 25, 1887, by the appellee to E. C. Johnson or bearer, for six hundred dollars, payable October 1, 1888, the consideration and circumstances leading to its execution being the same as in the case of Merrill v. Packer, 80 Iowa, 542. The note was transferred by delivery to O. L. Binford August 5, 1887, and from him by indorsement to the plaintiff August 8, 1887. There is no question but that these transfers were for value and before the…
1Opinion of the Court
GtveN, J. I.
The appellant and O. L. Binford having each testified denying any knowledge of the 1. Promissory note: fraud: innocent purchaser notice: knowledge of agent. infirmities in the note at the time they purchased the same, the appellee was permitted to introduce testimony, over the appellant’s objection, of which the appellant complains. Four witnesses were permitted to testify in substance as follows: That in the summer of 1887, and prior to August 5th, “it was talked in the streets and in certain business places named in Mar-shalltown that there were parties in that county…
2Cases cited5 opinions
- Trustees of Iowa College v. HillSupreme Court of Iowa · 1861
- Cook v. WeirmanSupreme Court of Iowa · 1879
- Pond v. Waterloo Agricultural WorksSupreme Court of Iowa · 1879
- Hoffman v. LeibfarthSupreme Court of Iowa · 1879
- State v. FortigSupreme Court of Iowa · 1887
3Cited by9 opinions
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- Shellenberger v. NourseIdaho Supreme Court · 1911
- Brown v. HoldenSupreme Court of Iowa · 1903
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