First National Bank v. Dougherty
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. Tuesday, July 26. Action on a negotiable promissory note, by the indorsee thereof. Defense, want of stamp, failure of consideration and fraud, and that all these were known to plaintiffs. Demurrer to answer overruled; plaintiff stood thereon. Judgment for defendant; the plaintiff appeals.
1Opinion of the Court
Cole, Ch. J.
The petition is in the usual form for an action by indorsee upon a negotiable promissory note ; a copy of this note, with a proper stamp, is set out in the body of the petition. The defendant, for answer, admits that he executed the note, except that it was not stamped when signed, nor afterward by his consent or authority. He avers that it was given for a patent right, falsely represented to be such and of value, while it was in fact a fraud and worthless; that the note was given in consideration of the right to use and sell such patent right, which was to be conveyed to him, and…
2Cases cited1 opinion
- Blackwell v. DenieSupreme Court of Iowa · 1867
3Cited by4 opinions
- Lutton v. BakerSupreme Court of Iowa · 1919
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
- Stouffer v. FletcherMichigan Supreme Court · 1906
- Jordan v. GoodsideSupreme Judicial Court of Maine · 1923