Stoddard v. Burton
Supreme Court of Iowa
Appeal from Blade Hawk Circuit Court. This is an action upon a promissory note for $978.50, executed by C. W. Burton, payable to C. W. Walker or bearer, dated January 6, 1866, and payable on or before January 6, 1868. The petition alleges that in the fall of 1866 the note was lost or stolen from the plaintiff, and that soon thereafter the plaintiff sold and assigned his claim against the defendant on said note to I. M. Preston.
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Appeal from Blade Hawk Circuit Court. This is an action upon a promissory note for $978.50, executed by C. W. Burton, payable to C. W. Walker or bearer, dated January 6, 1866, and payable on or before January 6, 1868. The petition alleges that in the fall of 1866 the note was lost or stolen from the plaintiff, and that soon thereafter the plaintiff sold and assigned his claim against the defendant on said note to I. M. Preston. The answer denies the allegations of the petition and alleges that about November, 1866, said note was transferred by Stoddard to one J. W. Thompson, and that…
1Opinion of the Court
Day, J. —
The evidence shows that the defendant paid the amount of the note to J". W. Thompson, who had it in his possession on the 11th day of October, 1866. Thompson claims that at that time he was the owner of the note under an agreement entered into on the 19th day of March, 1866, *584between himself and plaintiff, wherein Thompson agreed to keep and maintain plaintiff and his wife, Annie Stoddard, during their lives, and their grand-daughter, Mary Lovell, until she attained .the age of eighteen years, in consideration whereof the note in question and other notes and property were delivered to…
2Cases cited3 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Gage v. SharpSupreme Court of Iowa · 1867
- Myers v. County of JohnsonSupreme Court of Iowa · 1862
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- Fransham v. Tow Bros.Supreme Court of Iowa · 1923
- Farmers Trad. St. Bk. v. First Nat. Bk.Supreme Court of Iowa · 1925