Richards v. Daily
Supreme Court of Iowa
Appeal from Mahaska District Court. Action upon two promissory notes, executed by S. D. Daily, payable to JB. Roop or leader, dated October 6, 1862, due one and two years from, date, and each for the sum of $200, and assigned after maturity, as is alleged, as follows: “ I hereby sign -the, within to A. P. Richards, for value received. Benjamin Roop.”
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Appeal from Mahaska District Court. Action upon two promissory notes, executed by S. D. Daily, payable to JB. Roop or leader, dated October 6, 1862, due one and two years from, date, and each for the sum of $200, and assigned after maturity, as is alleged, as follows: “ I hereby sign -the, within to A. P. Richards, for value received. Benjamin Roop.” To this petition the defendant answered- that the said notes were transferred to plaintiff by the payee thereof, Roop, long after the same became due, and that said Roop is now indebted to defendant in about the sum of $300, being the amount paid…
1Opinion of the CourtDay, J.
The plaintiff, by bis reply, is precluded from having a review of the ruling of the court upon the demurrer, but the same question is saved by the exception to the admission of the testimony of defendant.
Section 1794 of the Revision provides that: “Notes in writing, made and signed by any person promising to pay to another person or bis order, or bearer, or to bearer only, any sum of money, are negotiable by indorsement or delivery *429in the same manner as inland hills of exchange, according to the custom of merchants.” If the note is payable to order it is negotiable by indorsement; if to…
2Cases cited1 opinion
- Younker ex rel. Ralston v. MartinSupreme Court of Iowa · 1864
3Cited by5 opinions
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- Downing v. GibsonSupreme Court of Iowa · 1880
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Bone v. TharpSupreme Court of Iowa · 1884