Shaw v. Jacobs
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. J. H. Preston, Judge. Action to recover the amount of a cheek drawn by the defendant. After the evidence on the part of the defendant had been submitted, the court directed a verdict for the plaintiffs, and rendered judgment for the amount of the verdict, which was returned as ordered. The defendant appeals.
1Opinion of the CourtBobinson, C. J.
The check upon which this action is founded is as follows:
“$362.68. “Monticello, Iowa, Oct. 17, 1890.
“6r. W. <& G. L. Lovell, Bankers:
“Pay Osborn Brothers, or bearer, three hundred sixty-two, 68-100 dollars.
“John Jacobs.”
The petition alleges that the payees of the check, in the usual course of business, transferred it to the plaintiffs by writing thereon “Osborn Brothers;” that it was forwarded through a bank in Dubuque to a bank in Monticello, which presented it to Gh W. & Gr. L. Lovell for payment, but that payment was refused for the reason that the defendant had ordered that payment be…
2Cases cited2 opinions
- Johnson v. MitchellTexas Supreme Court · 1878
- Smith v. RawsonSupreme Court of Georgia · 1878
3Cited by4 opinions
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- Howell v. McCartyWest Virginia Supreme Court · 1916
- Sawin v. Union Building & Savings Ass'nSupreme Court of Iowa · 1895