Polk County Savings Bank v. Geneser
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. W. F. Conrad, Judge. Action at law to recover an amount alleged to be due on a promissory note. A judgment was rendered by default against the defendant, and was afterwards set aside, and a trial to the court without a jury was had, and a second judgment was rendered against the defendant, from which he appeals.
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Appeal from Pollc District Court. — Hon. W. F. Conrad, Judge. Action at law to recover an amount alleged to be due on a promissory note. A judgment was rendered by default against the defendant, and was afterwards set aside, and a trial to the court without a jury was had, and a second judgment was rendered against the defendant, from which he appeals. The plaintiff appeals from the order of the court which set aside the judgment by default and granted a new trial, but the appeal of the defendant was first taken.
1Opinion of the CourtEobinson, J.
The plaintiff seeks to recover the amount which appears to be due on a promissory note for the sum of four thousand dollars, given on the twelfth day of October, 1892, by W. B. Crosby to the defendant T. A. Harding, and .indorsed in blank *211by the payees, and transferred to the plaintiff before maturity. It was an accommodation note, accepted and indorsed by the payees .for the benefit of the maker, and as originally ■ drawn, it contained the name of Dan Lehane as one of the payees. His name was erased, however, and the defendant claims that the erasure was made after he indorsed the note; that…
2Cases cited4 opinions
- Jean v. HennessySupreme Court of Iowa · 1888
- Jaeger v. EvansSupreme Court of Iowa · 1877
- King v. StewartSupreme Court of Iowa · 1878
- McGrew v. DownsSupreme Court of Iowa · 1885
3Cited by3 opinions
- Shaffer v. MorganSupreme Court of Iowa · 1920
- Boody v. SawyerSupreme Court of Iowa · 1926
- Upmier v. FreeseSupreme Court of Iowa · 1925