Younker ex rel. Ralston v. Martin
Supreme Court of Iowa
Appeal from Madison District Court. Action upon promissory note against the maker. The question is one of law as to the liability of the defendant upon the following facts found by the court below: 1st. The note in suit was made by the defendant (Martin), and is payable “to the order of William A. Younker,” the nominal plaintiff. 2d. The note is wholly ivithout consideration. 3d. It was fraudulently obtained by the payee (the said Younker) from the defendant. 4th.
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Appeal from Madison District Court. Action upon promissory note against the maker. The question is one of law as to the liability of the defendant upon the following facts found by the court below: 1st. The note in suit was made by the defendant (Martin), and is payable “to the order of William A. Younker,” the nominal plaintiff. 2d. The note is wholly ivithout consideration. 3d. It was fraudulently obtained by the payee (the said Younker) from the defendant. 4th. It was never indorsed by the payee or by any other person. 5th. It was passed without indorsement from Younker, the payee, to one…
1Opinion of the CourtDillon, J.
1. Promissory notes: holder without indorsement. The appellant makes no question as to the form of the action, but denies his liability in law upon the • facts contained in the statement. Upon those facts it is the opinion of this, court that the defendant is not liable, the reasons for which we proceed to state as briefly as may be. Our statute in relation to the indorsement and transfer of bills and notes has not altered, but, on the contrary, it adopts the law merchant. Rev., ch. 73. Thus, by § 1794, it is declared, that “ notes in writing, made and signed by any person promising to pay to…
2Cases cited6 opinions
- Boeka v. NuellaSupreme Court of Missouri · 1859
- Hedges v. SealyNew York Supreme Court · 1850
- Franklin Bank v. RaymondNew York Supreme Court · 1829
- Chamberlain v. GorhamNew York Supreme Court · 1822
- Roe v. Columbus InsuranceSupreme Court of Missouri · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lyon, Potter & Co. v. First Nat. Bank of Sioux CityCourt of Appeals for the Eighth Circuit · 1898
- Johnson v. WalterSupreme Court of Iowa · 1882
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Roy v. DuffSupreme Court of Iowa · 1915
- Greeley State Bank v. LineNebraska Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.