State Bank v. Gates
Supreme Court of Iowa
'Appeal from Linn District Court. — IIon. H. II. Remley, Judge. 'Action on three promissory notes, two of them executed to the Iowa Hedge & Wire Hence Company and transferred to plaintiff, the third executed directly to plaintiff. Defense of fraud and want of consideration. Verdict for defendant, and judgment thejeon, from which plaintiff appeals.
1Opinion of the CourtMcClain, J.
I. As to the' two notes transferred to appellant by the Iowa Hedge & Wire Fence Company, it claims that it took the same for a valuable consideration, without notice and before maturity, and therefore is protected against the defenses set out'in defendant’s answer; but, if these defenses were good as against the original payee, then the appellant had the burden of proof as to payment of consideration and want of notice, and the sufficiency of the evidence as to these matters was for the jury. It was not error, therefore, to submit the case to the jury, if there was any evidence supporting the…
2Cases cited3 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Stein v. City of Council BluffsSupreme Court of Iowa · 1887
- Negley v. CowellSupreme Court of Iowa · 1894
3Cited by6 opinions
- State Bank v. BrownSupreme Court of Iowa · 1909
- Blaul v. RobySupreme Court of Iowa · 1908
- State Bank v. CookSupreme Court of Iowa · 1904
- Bigelow v. BarnesSupreme Court of Minnesota · 1913
- State Bank v. MentzerSupreme Court of Iowa · 1904
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