State Bank v. Cook
Supreme Court of Iowa
Appeal from, Linn District Court. — 'Hon. H. M. Bemley, J udge. Action on two promissory notes, for $250 each, alleged to have been executed by defendant to the Iowa Hedge & Wire Fence Company, and by that company sold and assigned to plaintiff, and without recourse. The defenses interposed were that the notes were executed without consideration, and were procured by fraud. On plaintiff’s motion, there was a directed verdict in its favor.
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Appeal from, Linn District Court. — 'Hon. H. M. Bemley, J udge. Action on two promissory notes, for $250 each, alleged to have been executed by defendant to the Iowa Hedge & Wire Fence Company, and by that company sold and assigned to plaintiff, and without recourse. The defenses interposed were that the notes were executed without consideration, and were procured by fraud. On plaintiff’s motion, there was a directed verdict in its favor. From judgment on such verdict, defendant appeals.
1Opinion of the CourtMcClain, J.
The general history of the transaction connected with the execution of these notes is detailed in the cases of State Bank of Indiana v. Gates, 114 Iowa, 323, and State Bank of Indiana v. Mentzer, 125 Iowa, 101, and they need not be here repeated; but the issues are somewhat different, and the evidence is not the same. It will therefore be necessary to give this case an independent consideration.
The defendant, with others, was a subscriber to stock in the Cedar Valley Hedge Fence Company, an Iowa corporation, which was to be organized by the Iowa Hedge & Wire Fence Company, an Indiana…
2Cases cited2 opinions
- State Bank v. MentzerSupreme Court of Iowa · 1904
- State Bank v. GatesSupreme Court of Iowa · 1901
3Cited by12 opinions
- Hinkley v. Sac Oil & Pipe Line Co.Supreme Court of Iowa · 1906
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Buie v. KennedySupreme Court of North Carolina · 1913
- Meyer v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1924
- Myrick v. PurcellSupreme Court of Minnesota · 1905
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