Bean v. Briggs
Supreme Court of Iowa
Appeal from the Dubuque District Court Plaintiff claims as the indorsee of a certificate of deposit, made in Illinois, by tbe Phoenix Bank of Chicago, and indorsed by defendants. Briggs alone was sued, and in bis answer, among other things, is the’following averment: “ And defendant' denies that plaintiff has any cause oif action against him, because he says said supposed contract was made and entered into in the state of Illinois, and not in the state of Iowa.
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Appeal from the Dubuque District Court Plaintiff claims as the indorsee of a certificate of deposit, made in Illinois, by tbe Phoenix Bank of Chicago, and indorsed by defendants. Briggs alone was sued, and in bis answer, among other things, is the’following averment: “ And defendant' denies that plaintiff has any cause oif action against him, because he says said supposed contract was made and entered into in the state of Illinois, and not in the state of Iowa. And defendant denies that plaintiff has exhausted his remedy against the maker of said certificate, and denies that he is, in. any…
1Opinion of the CourtWeight, C. J.
It is conceded in the argument that the *468certificate of deposit, was made and indorsed in Illinois; It is further admitted by appellants, that - the law of that state entered into, and became a part of the contract of indorsement, and that the liability of the defendant, must be determined by said laws. And thus we perceive' that we aré left to inquire whether, unblér the pleadings, the testimony offered was admissible, and whether the instructions based thereon, should have been given. And this inquiry we must answer in the negative. ¥e suppose it to be well settled, that the courts of this…
2Cases cited1 opinion
- Holmes v. BroughtonNew York Supreme Court · 1833
3Cited by18 opinions
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
- Stephens v. WilliamsSupreme Court of Iowa · 1877
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Gunderson v. GundersonWashington Supreme Court · 1901
- Huse v. HamblinSupreme Court of Iowa · 1870
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