Williams v. Haines
Supreme Court of Iowa
Appeal from Jones District Court. Sealed instruments : defenses thereto : oblication of contracts : remedy : law of forum. — Action by tlie payee against the maker of a promissory note.
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Appeal from Jones District Court. Sealed instruments : defenses thereto : oblication of contracts : remedy : law of forum. — Action by tlie payee against the maker of a promissory note. In addition to the usual averments, the petition alleges that the note was “executed by the defendant with a ‘scroll’ instead of a wafer, or other seal; that it was executed in Maryland, where the parties thereto then resided; that by the law of Maryland such an instrument was equivalent to and constituted a sealed instrument; and that the common law relating to sealed instruments prevailed in that State at…
1Opinion of the Court
Dillon, Ch. J.
i. contracts: meits/ae-111" fenses. Respecting contracts under seal, the common law, except in certain special cases, conclusively presumes a consideration. It will betaken as Uue that the instrument in suit is a sealed instrument, and that the common law as to sealed instruments prevails in the State of Maryland, in which the note was executed and where the parties thereto resided at the time. Under the averments of the petition, the defense of want of consideration would not have been a good plea had the plaintiff brought suit against the defendant in the State of Maryland.…
2Cases cited2 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Andrews v. HerriotNew York Supreme Court · 1825
3Cited by11 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Stevens v. BrownWest Virginia Supreme Court · 1882
- Coral Gables, Inc. v. ChristopherSupreme Court of Vermont · 1937
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