Hecker v. Boylan
Supreme Court of Iowa
Appeal from Hardin District Govrt.— Hem. J. H. Richard, Judge. ActioN on a promissory note for the sum of $768 made by the defendants to Thompson Bros., or order, and payable at the office of the Hubbard State Bank,. Hubbard, Iowa, due on or before five years after April 2, 1900, with interest at eight per cent, per annum.
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Appeal from Hardin District Govrt.— Hem. J. H. Richard, Judge. ActioN on a promissory note for the sum of $768 made by the defendants to Thompson Bros., or order, and payable at the office of the Hubbard State Bank,. Hubbard, Iowa, due on or before five years after April 2, 1900, with interest at eight per cent, per annum. The note also provided that a failure to pay interest within thirty days after it became due should, at the option of the holder, mature the whole amount of the note, principal and interest. Thompson Bros, orally transferred the note to O. F. Anderson and J. S. Bly. Bly…
1Opinion of the Court
Deemeb, C. J. — ■
Boylan was principal and the Milners were sureties upon the note in suit. It was in fact given to Thompson Bros., although Anderson and Bly furnished the consideration therefor by meeting a shortage of Boylan as postmaster. The exact amount of money furnished .by Anderson and Bly was something over $600. After the note was taken, it remained with Thompson Bros., the ostensible payees, who were also in fact the Hubbard State Bank, until about August 28, 1901, when it was sent to Bly, with a statement that they (Thompson Bros.) would assign it at any time to the real owners in…
2Cases cited3 opinions
- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Younker ex rel. Ralston v. MartinSupreme Court of Iowa · 1864
- Johnson v. WalterSupreme Court of Iowa · 1882
3Cited by6 opinions
- Creel v. HammansSupreme Court of Iowa · 1944
- Collins v. NagelSupreme Court of Iowa · 1925
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Plattsmouth State Bank v. ReddingNebraska Supreme Court · 1935
- Phillips v. McIlrathSupreme Court of Iowa · 1928
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