Bennett State Bank v. Schloesser
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Henderson, Judge. This action is brought by the plaintiff bank upon certain promissory notes which it claims it purchased from W. J. Wroughten & Co., the payees of said notes, for value, before maturity, and without notice of any defenses thereto.
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Appeal from Dallas District Court. — Hon. J. H. Henderson, Judge. This action is brought by the plaintiff bank upon certain promissory notes which it claims it purchased from W. J. Wroughten & Co., the payees of said notes, for value, before maturity, and without notice of any defenses thereto. The defendant admits the execution of the notes, and denies all other allegations in the petition; denies that plaintiff owns the notes; and denies that it purchased them 'for value, before maturity, and in the due course of business. In a second division of the answer the defendant avers that in…
1Opinion of the CourtKinne, C. J.
1; I. Error is assigned upon the court’s rulings in admitting evidence on the part of the defendant which tended to establish his defense pleaded. The claim is that such evidence was improper, because the evidence shows that plaintiff was a good-faith purchaser for value, and without notice. When the evidence which is complained of was admitted, no evidence had been offered by plaintiff save the notes and the indorsements thereon. Defendant was properly permitted to introduce evidence tending to sustain the allegations of the answer. If, in the further progress of the case, it appeared that…
2Cases cited2 opinions
- Commercial Bank of Essex v. PaddickSupreme Court of Iowa · 1894
- Frank & Darrow v. BlakeSupreme Court of Iowa · 1882
3Cited by16 opinions
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Des Moines Savings Bank v. ArthurSupreme Court of Iowa · 1913
- Estate of Philpott v. PhilpottSupreme Court of Iowa · 1915
- In Re Estate of WorkSupreme Court of Iowa · 1930
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