Watson v. Chesire
Supreme Court of Iowa
Appeal from Warren District Court. Liability op indorser “without recourse:” evidence, &c. — This is a joint action, against John and Wesley Chesire and John M. Griffith. The facts, necessary to an understanding of the case, are as follows: John and Wesley Chesire sold, May 15, 1858, certain land in Mills county to one Moore, receiving, for part of the purchase-money, his note, secured by a mortgage on a portion of the land sold.
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Appeal from Warren District Court. Liability op indorser “without recourse:” evidence, &c. — This is a joint action, against John and Wesley Chesire and John M. Griffith. The facts, necessary to an understanding of the case, are as follows: John and Wesley Chesire sold, May 15, 1858, certain land in Mills county to one Moore, receiving, for part of the purchase-money, his note, secured by a mortgage on a portion of the land sold. Afterwards, January 20, 1860, the Chesires traded or sold the note and mortgage of Moore (which note was dated May 15, 1858, was for the sum of $743, payable one…
1Opinion of the CourtDillon, J.
1. Promissory note: action by indorsee: privity: fraud. I. The first error assigned by the plaintiff is, that “ the court erred in sustaining the defendants’ demurrer t0 tb© first count of the petition.” This makes it essential to set out the substance of this count with accuracy.
It commences by alleging that John and Wesley Chesire held and owned the Moore note and mortgage, describing them; that, January 20,1860, the said Chesires, for a good and valuable consideration (but not alleging what), sold and assigned said note to their co-defendant, Griffith, whereby they falsely warranted the…
2Cases cited5 opinions
- Thrall v. NewellSupreme Court of Vermont · 1847
- Rice v. StearnsMassachusetts Supreme Judicial Court · 1807
- Allen v. PegramSupreme Court of Iowa · 1864
- Welch v. LindoSupreme Court of the United States · 1812
- Kephart v. ButcherSupreme Court of Iowa · 1864
3Cited by27 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Mann v. TaylorSupreme Court of Iowa · 1889
- Browne v. HickieSupreme Court of Iowa · 1886
- Pooley v. DuttonSupreme Court of Iowa · 1914
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