Cedar Rapids National Bank v. Rhodes
Mississippi Supreme Court
From the circuit court of Nankin county. Hon. James E. Byrd, Judge. The National Bank, appellant, was plaintiff in the court below; Ehodes, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The note sued upon was given to a jewelry company ‘in consideration of its written contract to deliver Ehodes, the maker of the note, designated goods upon terms therein specified.
Read the full summary
From the circuit court of Nankin county. Hon. James E. Byrd, Judge. The National Bank, appellant, was plaintiff in the court below; Ehodes, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The note sued upon was given to a jewelry company ‘in consideration of its written contract to deliver Ehodes, the maker of the note, designated goods upon terms therein specified. The note was made payable in Iowa to the jewelry company “or bearer.” It was transferred by the payee named before maturity for value to the plaintiff who was…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The authorities upon which appellee chiefly relies are Foster v. McKinnon, 38 L. J. Reports (N. S.) 310, and Whitney v. Snyder, 2 Lans. (N. Y.) 477, which are set out in the note to the case of Douglass v. Mailing, 29 Iowa, 498, 4 Am. Rep. 238. The principal case is squarely against the appellee. In that case the court said: “As between the bona -fide holder, receiving the paper before due for value, and the maker, the equities are all on the side of the first. The maker put his ■genuine signature to a note appearing upon its face fair and…
2Cases cited1 opinion
- Douglass v. MattingSupreme Court of Iowa · 1870
3Cited by2 opinions
- Hall v. BoxMississippi Supreme Court · 1922
- Moore v. Johnson County Savings BankMississippi Supreme Court · 1912