Seaton v. Hinneman
Supreme Court of Iowa
Appeal from Lee Circuit Court. On the 1st day of April, 1876, the plaintiffs brought suit before a justice of the peace, as the indorsees of a negotiable promissory note for one hundred dollars, executed by defendant to one E. J. Bruce, dated February 1, 1876, due sixty days after date, with interest at ten per cent from maturity.
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Appeal from Lee Circuit Court. On the 1st day of April, 1876, the plaintiffs brought suit before a justice of the peace, as the indorsees of a negotiable promissory note for one hundred dollars, executed by defendant to one E. J. Bruce, dated February 1, 1876, due sixty days after date, with interest at ten per cent from maturity. The defendant answered, alleging that the note was given for whisky, to be sold in violation of law, and that a suit in bankruptcy is pending against tbe indorser, E. J. Bruce, and the assignment of tbe note was made by him within the time prohibited by law, and is…
1Opinion of the CourtDay, J.
The court refused all the instructions, fifteen in number, asked by the plaintiffs, and instructed the jury as follows: “In this case it is shown that, the note in question being negotiable, the suit, under the law, was brought before the maturity of the note; and it being further shown, by uncontradicted evidence, that a petition in bankruptcy was filed against E. J. Bruce, the payee of the note in question, in the District Court of the United States, on the 15th day of March, 1876, and that said E. J. Bruce filed an answer to said petition, by his attorneys, Seaton & Spaan, the plaintiffs…
2Cases cited1 opinion
- Whitney v. BirdSupreme Court of Iowa · 1860
3Cited by7 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Brown v. CunninghamSupreme Court of Iowa · 1891
- Smith v. B., C. R. & N. R.Supreme Court of Iowa · 1882
- Howerton v. AugustineSupreme Court of Iowa · 1906
- Millard v. CurtisSupreme Court of Iowa · 1929
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