Bosch v. Kassing
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Plaintiff filed liis petition in tbe court below, and demanded a judgment against tbe defendants upon a promissory note, and a decree foreclosing a mortgage upon certain real estate, given by Henry Kassing and Celinda Kassing, to secure tbe payment of tbe note. At tbe September term, 1883, of said court, Henry Kassing and Celinda Kassing appeared by counsel. Tbe defendant, Loper, made default.
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Appeal from Des Moines Circuit Court. Plaintiff filed liis petition in tbe court below, and demanded a judgment against tbe defendants upon a promissory note, and a decree foreclosing a mortgage upon certain real estate, given by Henry Kassing and Celinda Kassing, to secure tbe payment of tbe note. At tbe September term, 1883, of said court, Henry Kassing and Celinda Kassing appeared by counsel. Tbe defendant, Loper, made default. A judgment and decree were rendered as prayed against all of tbe defendants. At tbe next term of tbe court tbe defendant, Loper, appeared and moved tbe court to…
1Opinion of the Court
Eotiibock, On. J.
It appears from tbe averments of tbe petition that on tbe first day of March, 1877, tbe defendants, Henry Kassing and Celinda Kassing, executed and delivered tlieir promissory note to tbe defendant, Loper, by which they promised to pay to tbe order of Loper tbe sum of $1,100 in five years, and that on tbe first day of March, 1882, Loper indorsed tbe note to tbe plaintiff, — tbe indorsement being in these words: “For value received, I hereby assign tbe within note to John G. Boscli, March 1, 1882.
“W. E. Loper.”
*314It will be observed tliat tlie indorsement was made before the note…
2Cases cited1 opinion
- Traer Bros. v. WhitmanSupreme Court of Iowa · 1881
3Cited by19 opinions
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- Ruppin v. McLachlanSupreme Court of Iowa · 1904
- Heins v. WickeSupreme Court of Iowa · 1897
- McConnell v. AveySupreme Court of Iowa · 1902
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