Merchants & Mechanics' Bank v. Hewitt
Supreme Court of Iowa
Appeal from the Scott District Court. This is an action by plaintiff, as assignee of tbe following receipt, to recover of defendant the value of the corn therein mentioned; “1,000 bushels corn. Leclaire, Iowa, June 30th, 1854. “ Received in store, on account of S. F. Atwood, of Chicago, Illinois, one thousand bushels of good, sound, merchantable shelled corn, to be delivered to his order, to the steamboat landing at Leclaire, in gunny sacks, in good order, free of charges.
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Appeal from the Scott District Court. This is an action by plaintiff, as assignee of tbe following receipt, to recover of defendant the value of the corn therein mentioned; “1,000 bushels corn. Leclaire, Iowa, June 30th, 1854. “ Received in store, on account of S. F. Atwood, of Chicago, Illinois, one thousand bushels of good, sound, merchantable shelled corn, to be delivered to his order, to the steamboat landing at Leclaire, in gunny sacks, in good order, free of charges. Risk of fire excepted. W. II. Hewitt.” This receipt was assigned to plaintiff on or about the 27th July, 1854. Some time…
1Opinion of the CourtStockton, J.
The important and material question involved in this cause is, whether the receipt sued on is a negotiable instrument, under the laws of this state, and whether the defendant should .have been permitted by the court, to make the same defence to it, in the hands of the assignee, that he might have made to a suit brought, upon it by the original obligee. , Such a receipt was not assignable at common law, so as to authorize suit upon it in the name of the assignee. Our statute (Code, § 949) has altered the .common law rule, so far as to allow such a suit. Independent of this provision of the…
2Cited by6 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Hess & Skinner Engineering Co. v. TurneyCourt of Appeals of Texas · 1918
- Edward L. Eyre & Co. v. HirschWashington Supreme Court · 1950
- Adams v. FoleySupreme Court of Iowa · 1856
- Cudahy Packing Co. v. Sioux Nat. Bank of Sioux CityCourt of Appeals for the Eighth Circuit · 1896
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