Graydon, Swanwick & Co. v. Patterson & Co.
Supreme Court of Iowa
Appeal from Dubuque City Court Plaintiffs sue upon a note payable to the order of Graydon, McCreary & Co., at the Bank of Langworthy & Bros.,, in Dubuque. The payees indorsed it in blank, and delivered it to the plaintiffs. Before maturity, it was sent to the bank for collection.
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Appeal from Dubuque City Court Plaintiffs sue upon a note payable to the order of Graydon, McCreary & Co., at the Bank of Langworthy & Bros.,, in Dubuque. The payees indorsed it in blank, and delivered it to the plaintiffs. Before maturity, it was sent to the bank for collection. Prom the testimony, it appears that one of the defendants had funds on deposit with the bank, and drew his check, payable in currency, for the amount of the note, and handed the same to the bank officers. Langworthy & Bros, then wrote on the note that they had received the full amount thereof, (stating it,) in “…
1Opinion of the CourtWright, J.
There is no pretense that plaintiffs accepted the currency, nor that they had any knowledge of the check drawn by the defendants for the same. Nor is it shown that they had any knowledge of the custom of the bank, referred to in the testimony. It is equally clear, we think, that while the note was indorsed in blank, defendants were aware that it belonged to plaintiffs, and that Langworthy & Bros., were merely collecting agents. Plaintiffs were, therefore, not required to return the check, unless they are bound by the act of the bank in taking it, and if they are, then the note is paid, and a…
2Cases cited1 opinion
- Rindskoff Bros. v. BarrettSupreme Court of Iowa · 1860
3Cited by12 opinions
- Ward v. SmithSupreme Court of the United States · 1869
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Harbach v. ColvinSupreme Court of Iowa · 1887
- Smith v. MillsOregon Supreme Court · 1924
- Drain v. Doggett, Bassett & HillsSupreme Court of Iowa · 1875
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