Bone v. Tharp
Supreme Court of Iowa
Appeal from Mowoe District Court. Action on two promissory notes — one payable to the Dlaintiff, and the other to the Monroe County Bank. This last note is negotiable, and the plaintiff claims that it was assigned to her by the bank before it was due, for a valuable consideration.
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Appeal from Mowoe District Court. Action on two promissory notes — one payable to the Dlaintiff, and the other to the Monroe County Bank. This last note is negotiable, and the plaintiff claims that it was assigned to her by the bank before it was due, for a valuable consideration. This is denied by the defendants, and they pleaded that it was assigned to plaintiff after it was due, as collateral security for a pre-existing debt, and that no new consideration passed between the plaintiff and the assignor; that at the time the note was transferred to the plaintiff the bank was indebted to them,…
1Opinion of the CourtSeevers, J.
1. Promissory Note: transfer, before due as collateral security: rights of new holder as against makers: stare decisis. I. The evidence is not before us. We, therefore, are governed by the facts found by the court. So far as material, the facts so found are as follows: “That the Monroe County Bank was legally indebted to the plaintiff and her agent, Lloyd, in Septemher, 1882; that the bank was at said time not , „ . m good financial condition; that Lloyd, for plaintiff and himself, threatened to commence suit against the bank by attachment if these claims were not *225secured; that lie would have…
2Cases cited4 opinions
- Downing v. GibsonSupreme Court of Iowa · 1880
- Ryan v. ChewSupreme Court of Iowa · 1862
- Shipman v. RobbinsSupreme Court of Iowa · 1859
- Richards v. DailySupreme Court of Iowa · 1872
3Cited by8 opinions
- Proctor v. ColeIndiana Supreme Court · 1885
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
- Helmer v. Commercial BankNebraska Supreme Court · 1890
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Keokuk County State Bank v. HallSupreme Court of Iowa · 1898
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