Bean v. Briggs
Supreme Court of Iowa
Appeal from the Dubuque District Court. This suit was brought on the following instrument: “ Certificate. Illinois Phoenix Panic.
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Appeal from the Dubuque District Court. This suit was brought on the following instrument: “ Certificate. Illinois Phoenix Panic. “ Chicago, Sept. 22,1854. “ Briggs and Felthouser have deposited in this bank four hundred and sixty-two 50-100 dollars, to the order of themselves, payable two months after date, payable to their order, on return of this certificate, at interest at six per cent. $462.50-100. M. Bob & Co., Cashier.” which was indorsed by the said Briggs & Felthouser in blank. The plaintiff in his petition, alleges the deposit and the receipt of the said certificate by the…
1Opinion of the CourtWright, C. J.
Two questions are presented for our consideration: First. Is tbis instrument negotiable? Second. Are defendants liable on their blank indorsement ? And both these questions must be answered in tbe affirmative.
We are aware tbat tbe authorities are conflicting as to tbe negotiable character of such instruments. In the case of Patterson v. Poindexter, 6 Watts & Sergeant, 227, it was decided tbat an instrument very similar in its phraseology to tbe one Under consideration, was not negotiable. In Kilgore v. Bulkley, 14 Conn. 363, tbe instrument declared upon, was in the following form:
“$10,608.75.…
2Cases cited3 opinions
- Harrow v. DuganCourt of Appeals of Kentucky · 1838
- Fleming, Linn & Co. v. BurgeSupreme Court of Alabama · 1844
- Ingalls v. SpragueNew York Supreme Court · 1833
3Cited by6 opinions
- Harrison v. McKimSupreme Court of Iowa · 1865
- First National Bank v. Security National BankNebraska Supreme Court · 1892
- Pomeroy National Bank v. Huntington National BankWest Virginia Supreme Court · 1913
- Belden v. HannSupreme Court of Iowa · 1883
- McCartney v. Administrators of SmalleySupreme Court of Iowa · 1860
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