American Emigrant Co. v. Clark
Supreme Court of Iowa
Appeal from Polk Oirowit Gowrt. Action against the drawer of a check which is in the following words: “No. — Des Moines, Iowa, January 25, 1875. B. E. Allen’s Bank. Pay to Gr. W. Savery, or bearer, five hundred dollars in current funds. Gr. W. Clark, per J. S. 0.” The petition alleges transfer of the check to plaintiffs and demand and notice of non-payment, and that the term “ current funds ” by custom was understood to mean U. S. treasury notes and other money.
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Appeal from Polk Oirowit Gowrt. Action against the drawer of a check which is in the following words: “No. — Des Moines, Iowa, January 25, 1875. B. E. Allen’s Bank. Pay to Gr. W. Savery, or bearer, five hundred dollars in current funds. Gr. W. Clark, per J. S. 0.” The petition alleges transfer of the check to plaintiffs and demand and notice of non-payment, and that the term “ current funds ” by custom was understood to mean U. S. treasury notes and other money. The answer denies generally the allegations of the petition, and avers that plaintiff is not the real party in interest, that the…
1Opinion of the CourtBeck, J.
I. The plaintiff introduced testimony tending to prove that, by a custom prevailing at the time and place of the execution of the check in suit, the term cu/rrent funds used in the instrument meant money, or such funds as ciz’czzlated as money, and that under such custom paper payable izi current funds was negotiable. The Circuit Court in instructions to the jury z’ecognized the rule adopted by this court that an. instrument in the form of commercial paper, except that it is payable in currency, or cuz’rent funds, may be shown to be negotiable by proof that, under customs prevailing at the…
2Cases cited10 opinions
- Harrison v. McKimSupreme Court of Iowa · 1865
- Rindskoff Bros. v. BarrettSupreme Court of Iowa · 1862
- Gregory v. HartWisconsin Supreme Court · 1859
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Huse v. HamblinSupreme Court of Iowa · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. First National Bank v. BartleyNebraska Supreme Court · 1894
- Fawkner v. Lew Smith Wall Paper Co.Supreme Court of Iowa · 1893
- Daly v. W. W. Kimball Co.Supreme Court of Iowa · 1885
- Feder v. ElliottSupreme Court of Iowa · 1924
- Mosnat v. UchytilSupreme Court of Iowa · 1906
1 more not listed; retrieve them via the Exa API.