First National Bank of Marengo v. Athey
Supreme Court of Iowa
Appeal from Iowa District (Jourt. — R. P. Howell, Judge. Suit upon a promissory note against the two defendants as joint makers. The only defense interposed was by the defendant Murphy. The defense was that he was surety only, and that, after he had attached his signature to the note, the name of the payee was inserted therein, without his consent or authority. There was trial to a jury, and a verdict and judgment for the plaintiff. The defendant Murphy appeals.
1Opinion of the CourtEvans, J.
The note in suit is for $240, and is dated September 8, 1911. It was duly signed by both defendants, while it was blank as to the name of the payee. The defendant Athey presented the same in such condition at the plaintiff bank, for the purpose of negotiation. With his consent, the name of the plaintiff was inserted as payee, and the same *332was then and there delivered to the bank, in consideration of the payment by the bank to Athey of $240. Murphy pleaded as a defense that he signed the note as surety for Athey, and that he consented only that the name of the German-American Savings Bank, or…
2Cases cited6 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Moyers v. FogartySupreme Court of Iowa · 1909
- Farrar v. PetersonSupreme Court of Iowa · 1879
- Hartley State Bank v. McCorkellSupreme Court of Iowa · 1894
- Casady v. Manchester Fire InsuranceSupreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Security Savings Bank v. HambrightSupreme Court of Iowa · 1923
- Main v. Tony L. Sheston-Luxor Cab CompanySupreme Court of Iowa · 1958
- Community Savings Bank v. GaughenSupreme Court of Iowa · 1940