Mayer v. Woodbury
Supreme Court of Iowa
Appeal from Johnson District Court. Plaintiff sued (in September, 1859,) upon a non-negotiable note, made by Woodbury to Strabm, and assigned to him before due. Woodbury moved a change of venue, upon the ground that he was a resident of Marshall county, and a statement that the transfer of the note was fraudulent, and for the purpose of suing him away from the county of his residence.
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Appeal from Johnson District Court. Plaintiff sued (in September, 1859,) upon a non-negotiable note, made by Woodbury to Strabm, and assigned to him before due. Woodbury moved a change of venue, upon the ground that he was a resident of Marshall county, and a statement that the transfer of the note was fraudulent, and for the purpose of suing him away from the county of his residence. This motion was overruled, an answer filed denying the execution of the note, that Strahm sold or assigned the same, or that plaintiff was the owner thereof, averring that it was obtained by fraud, claiming that…
1Opinion of the CourtWright, J.
1. The facts stated in the affidavit of defendants’ counsel, for the change of venue, are fully rebutted by the counter affidavits, and there was no error in overruling the motion at that time. In response to defendant’s showing, which, for the most part, is the statement of mere information and belief, we have the affidavit of plaintiff and his attorney, which certainly makes it reasonably manifest that the note was assigned in good faith, for a valuable consideration, and not for the mere purpose of suing defendant in Johnson county. And while we adhere to all that is said on this subject…
2Cases cited2 opinions
- Farwell v. TylerSupreme Court of Iowa · 1858
- Troy Portable Grain Mill Co. v. Bowen & Co.Supreme Court of Iowa · 1859
3Cited by3 opinions
- Weimer v. LueckSupreme Court of Iowa · 1944
- Hoyt v. BeachSupreme Court of Iowa · 1897
- Adams v. SmithSupreme Court of Iowa · 1933