Benton County Savings Bank v. Strand
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. G-. W. Burnham, Judge. Gr. A. Miller & Sons and V. A. Thomas executed their joint note to the plaintiff bank for one thousand dollars April 28, 1892. E. E. Hartung is the cashier of the plaintiff bank. On the back of the note are the following indorsements: “Pay E. E. Hartung or order. Demand, notice, and protest waived. her “Sophia X Johnson. “Witness: Axel Mehlberg. mark. “Pay to Benton County Savings Bank. “E. E. Hartung.”
Read the full summary
Appeal from Benton District Court. — Hon. G-. W. Burnham, Judge. Gr. A. Miller & Sons and V. A. Thomas executed their joint note to the plaintiff bank for one thousand dollars April 28, 1892. E. E. Hartung is the cashier of the plaintiff bank. On the back of the note are the following indorsements: “Pay E. E. Hartung or order. Demand, notice, and protest waived. her “Sophia X Johnson. “Witness: Axel Mehlberg. mark. “Pay to Benton County Savings Bank. “E. E. Hartung.” Sophia Johnson has since died, and this is a proceeding to have the note established as a claim against her estate, because of…
1Opinion of the CourtGranger, J.
1 *6092 *608I. Axel Mehlberg is the present executor of the estate, and is substituted as defendant in lieu of Thomas T. Strand, now deceased. Mehlberg is the witness to the signature of Sophia Johnson on the back of the note. The executor denies liability on the note, on a claim that when Mrs. Johnson indorsed the note the words, “Demand, notice, and protest waived,” were not on the note. We have the original note for inspection, and the words, “Pay to the order of E. E. ITartung,” are written in ink with a pen. Just below .these words, in red ink, as made by a stamp, are the words, “Demand, notice,…
2Cases cited1 opinion
- McElhenney v. HendricksSupreme Court of Iowa · 1891
3Cited by4 opinions
- Bay View Brewing Co. v. GrubbWashington Supreme Court · 1903
- Saddler v. PickardSupreme Court of Iowa · 1909
- Johnson v. WarringtonSupreme Court of Iowa · 1932
- McElroy v. AllfreeSupreme Court of Iowa · 1906