McConkie v. Babcock
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. Thomas M. G-ibeeson, Judge. This is an action upon a promissory note for two hundred and fifty dollars, executed March 6, 1894, by the defendant to one Rudd Dent, and by him assigned to the plaintiff. The note was due May 6, 1894. To the petition on the note the defendant answered, in substance, admitting the execution of the note, and pleading a failure of consideration.
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Appeal from Cedar Rapids Superior Court. — Hon. Thomas M. G-ibeeson, Judge. This is an action upon a promissory note for two hundred and fifty dollars, executed March 6, 1894, by the defendant to one Rudd Dent, and by him assigned to the plaintiff. The note was due May 6, 1894. To the petition on the note the defendant answered, in substance, admitting the execution of the note, and pleading a failure of consideration. He also alleged that plaintiff took the note with knowledge of all of the facts, and was not a Iona fide purchaser. In a reply the plaintiff denies all notice or knowledge that…
1Opinion of the CourtKinne, C. J.
*1281 *127I. Defendant, at the close of the testimony, moved the court to instruct the jury to return a verdict for him. The motion, which was overruled, was based upon the grounds — First, that the undisputed evidence showed that there was no consideration from Dent to Babcock for the note in controversy; second, that it appeared from the undisputed evidence that plaintiff was not the purchaser of the note for a valuable consideration in the usual course of trade; and, third, that it likewise appeared that plaintiff was not the purchaser of the note for value, and before maturity, without notice of…
2Cases cited2 opinions
- Gwaltney v. Scottish Carolina Timber Co.Supreme Court of North Carolina · 1894
- Stuckey v. FritscheWisconsin Supreme Court · 1890
3Cited by6 opinions
- State v. PerkinsSupreme Court of Iowa · 1909
- Willis v. SchertzSupreme Court of Iowa · 1919
- United States v. CampbellDistrict Court, N.D. Iowa · 1956
- Corbin v. McAllisterSupreme Court of Iowa · 1909
- Van Vliet Fletcher Automobile Co. v. CrowellSupreme Court of Iowa · 1914
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