Abell Note Brokerage & Bond Co. v. Hurd
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. 0. H. Lewis, Judge. Action upon a promissory note payable to “Anthony bank or order,” and indorsed by the bank to Calais National bank, and by the latter bank to the plaintiff for collection. The defendants answered, alleging want of consideration and fraud upon the part of the Anthony bank and W. H, Hurd, its president, in obtaining the note.
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Appeal from Woodbury District Court. — Hon. 0. H. Lewis, Judge. Action upon a promissory note payable to “Anthony bank or order,” and indorsed by the bank to Calais National bank, and by the latter bank to the plaintiff for collection. The defendants answered, alleging want of consideration and fraud upon the part of the Anthony bank and W. H, Hurd, its president, in obtaining the note. The case was submitted to the court, and at the close of the testimony the defendants moved to dismiss, on the ground that the plaintiff was not the real party in interest. The motion was overruled, and…
1Opinion of the CourtGiven, J.
The only question discussed on this appeal is the plaintiff’s right to prosecute the action. *560The appellant’s contention is that, as the note was indorsed to the appellee for the purpose of collection, it is not the real party in interest, and therefore not entitled to prosecute this action; citing section 2543 of the Code, which requires that “every action must be prosecuted in the name of the real party in interest, except as provided in the next section,” as to executors, etc. This contention of the appellants is fully answered in Cottle v. Cole, 20 Iowa, 485, where it is said: “The course…
2Cases cited1 opinion
- Cottle v. ColeSupreme Court of Iowa · 1866
3Cited by7 opinions
- Lehman v. PressSupreme Court of Iowa · 1898
- Carson Pirie Scott & Co. v. LongSupreme Court of Iowa · 1936
- Cress v. IvensSupreme Court of Iowa · 1914
- Carson, Pirie, Scott & Co. v. LongSupreme Court of Iowa · 1934
- Salmon v. Rural Independent School Dist. of AllisonU.S. Circuit Court for the District of Northern Iowa · 1902
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