Legal Opinion

Van Vechten v. Smith

Supreme Court of Iowa

Decided July 13, 1882PublishedCited by 9 opinions

Appeal from Jones Circuit Court. Action upon a promissory note executed by the defendant o the Iowa Iron and Steel Fence Co. of Cedar Rapids, and sold and indorsed by the company to the plaintiff.

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Appeal from Jones Circuit Court. Action upon a promissory note executed by the defendant o the Iowa Iron and Steel Fence Co. of Cedar Rapids, and sold and indorsed by the company to the plaintiff. The copy set out by the plaintiff in his amended petition is in these words: “Montioello Township, Jones County, Iowa. ) “July 25, 1877. } “One year after date I promise to pay to the treasurer of the Iowa Iron and Steel Fence Co. of Cedar Rapids, or bank, $200 at the City National Bank of Cedar Rapids, Iowa, value received, with interest at ten per cent from date. Reasonable attorney’s fee if suit…

1Opinion of the CourtAdams, J.

i instkücnot supported by evidence, I. The court instructed the jury in substance that if they should find that the word bearer was interlined after the delivery of the note, that would be a material alteration and vitiate'the note; but if tpey gPoupq find 'that the word bearer was interlined at, or before delivery, the note would be negotiable, and the plaintiff would be entitled to recover, even though they found that the note was procured by fraud and without consideration. The defendant contends that the court erred in the last part of the instruction, because both the plaintiff and…

2Cited by9 opinions

  1. Sentinel Acceptance Corporation v. ColgateSupreme Court of Colorado · 1967
  2. Goltra v. PenlandOregon Supreme Court · 1904
  3. Hills Savings Bank v. HirtSupreme Court of Iowa · 1927
  4. Blaul v. RobySupreme Court of Iowa · 1908
  5. Theusen v. BryanSupreme Court of Iowa · 1901

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