Hamilton v. Hooper
Supreme Court of Iowa
Appeal from Seott District Oov/rt. This is an action upon a promissory note for five hundred dollars, payable to the order of Jane Hamilton, executed by Asa Hooper, William Moody, Cordelia Moody and A. P. Perguson.
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Appeal from Seott District Oov/rt. This is an action upon a promissory note for five hundred dollars, payable to the order of Jane Hamilton, executed by Asa Hooper, William Moody, Cordelia Moody and A. P. Perguson. The cause was submitted to the court below upon the following agreed facts: “The plaintiff, Jane Hamilton, was the owner of certain cattle, which James Hamilton, her husband, for plaintiff, sold to the defendant, Hooper, for the sum of $500, and took 'in payment of said sum a note executed by Hooper to plaintiff, with William Moody and Cordelia Moody as joint makers thereof, and…
1Opinion of the Court
Hay, Ch. J.
i. PKOMissorcsr aiterátion. ‘ I. From the foregoing facts, it appears that as to Hooper and William and Cordelia Moody, the note was fully executed and delivered to the agent of plaintiff before it was signed by Ferguson, and his signature was obtained by James Hamilton without their knowledge or consent. The law is well settled that this constitutes a material alteration of the note, which avoids it as to all the prior parties thereto. Hall’s ad’mx, v. McHenry, 19 Iowa, 521; Dickerman v. Miner, 43 Iowa, 508, and cases cited.
*517It is urged that the note was not fully issued .and…
2Cases cited2 opinions
- Dickerman v. MinerSupreme Court of Iowa · 1876
- Hall's Adm'x v. McHenrySupreme Court of Iowa · 1865
3Cited by10 opinions
- Mersman v. WergesSupreme Court of the United States · 1884
- First National Bank v. CecilOregon Supreme Court · 1892
- Soaps v. EichbergAppellate Court of Illinois · 1891
- First Nat. Bank v. WeidenbeckCourt of Appeals for the Eighth Circuit · 1899
- Sawyer v. CampbellSupreme Court of Iowa · 1899
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