Green v. Wilkie
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. D. R. Hindman, Judge. Action for the foreclosure of a mortgage. Judgment for plaintiff and defendant appeals. The principal is the same as in forged instruments, or in instruments made by persons not having capacity. The fact that the instrument is put in the form of negotiable paper, gives it no additional validity. The paper is not, in fact, or in law, what it pretends to be, the obligation of an alleged maker.
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Appeal from Marshall District Court. — Hon. D. R. Hindman, Judge. Action for the foreclosure of a mortgage. Judgment for plaintiff and defendant appeals. The principal is the same as in forged instruments, or in instruments made by persons not having capacity. The fact that the instrument is put in the form of negotiable paper, gives it no additional validity. The paper is not, in fact, or in law, what it pretends to be, the obligation of an alleged maker. Briggs v. Ewart, 51 Mo. 245 (11 Am. Eep. 447); Dan. Neg. Inst. 697, section 847; Tiedeman Com. Paper, section 285; Walker v. Ebert, 29…
1Opinion of the CourtGranger, J.
1 *772 *76This action is on a promissory note for one thousand dollars, and to foreclose a mortgage given to secure the same. The note and mortgage were given to one Lena Puerth, April 1, 1898. The note was assigned by Lena Puerth .to plaintiff, who resides in Massachusetts, about May 5,1898, for a consideration of nine hundred and fifty, dollars. The defendant does not deny that he signed the note and mortgage, but he bases his defense thereto on substantially the following facts: That Joe Puerth is the husband of Lena Puerth, and a real estate agent at Marshalltown, Iowa; that he (defendant) was…
2Cases cited171 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Brown v. SpoffordSupreme Court of the United States · 1877
- Bedell v. HerringCalifornia Supreme Court · 1888
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3Cited by20 opinions
- Cohen v. United StatesCourt of Appeals for the Sixth Circuit · 1949
- Shores-Mueller Co. v. LonningSupreme Court of Iowa · 1913
- First Nat. Bank of Watonga v. WadeSupreme Court of Oklahoma · 1910
- Commercial Savings Bank v. ColthurstSupreme Court of Iowa · 1922
- State Savings Bank v. DealSupreme Court of Iowa · 1925
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