Lathrop v. Donaldson
Supreme Court of Iowa
Appeal from Johnson District Court. Plaintiff, Alvin Lathrop, declares upon a promissory note made by defendant in May, 1857, payable to II. W. Lathrop or bearer, and due one year after date. On the trial plaintiff introduced the note, and rested. Defendant, in his own behalf, testified that he had paid said note to II.
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Appeal from Johnson District Court. Plaintiff, Alvin Lathrop, declares upon a promissory note made by defendant in May, 1857, payable to II. W. Lathrop or bearer, and due one year after date. On the trial plaintiff introduced the note, and rested. Defendant, in his own behalf, testified that he had paid said note to II. W. Lathrop (this was probably in May, 1859), before he knew of the transfer; that H. W. Lathrop then told him the note was in - the bank, and he would get it and deliver it to him. H. W. Lathrop was then called by defendant, who stated that in 1856 he was indebted to the…
1Opinion of the CourtWright, J.
1. Bills and notes negotiable: presumptions in favor of holder. The bill of exceptions in this case is so exceedingly indefinite and wanting in clearness, that we great difficulty in reaching the points ma(^e by counsel. Thus, whether the correspondence referred to by witness, and the alleged contents thereof, was called out. by defendant, and he afterward objected to all proof of what it contained, or by plaintiff on cross-examination, does not appear. Nor is it clear that the agreement as to the deposit and acceptance of the notes as collateral security was alone evidenced by letters.…
2Cases cited2 opinions
- Kelly v. FordSupreme Court of Iowa · 1856
- Stotts v. ByersSupreme Court of Iowa · 1864
3Cited by2 opinions
- Cox v. ClineSupreme Court of Iowa · 1908
- Shaulis v. BuxtonSupreme Court of Iowa · 1902