Montague v. Reineger
Supreme Court of Iowa
Appeal from, Floyd District Court. Action on an order drawn by Theodore Mix on A. L. Collins. Demurrer to petition overruled, and the defendants appeal. The draft is payable to the order of John B. Collins, and the copy set forth in the petition does not show any transfer from, or indorsement by, John B. Collins to plaintiff. It is therefore prima facie the property of John B. Collins, and shows no right of action in plaintiffs. Maynard v. Raymond, 4 G. Greene 187.
1Opinion of the CourtBaldwin, J.
The demurrer to plaintiff’s petition should have been sustained. The suit is upon the following instrument:
St. Charles, Iowa, Nov. 1857.
Thirty days after date, pay to the order of John B. Collins one hundred and one 44-100 dollars to apply on the payment for plastering, value received, and charge to account of Theodore Mix.
To A. L. Collins, St. Charles, Iowa, Nov. 13.
Endorsed: “Accepted Jan. 13th, 1858, A. L. Collins agent for the St. Charles Masonic Hall Company.”
The plaintiff docs not allege in liis petition that the instrument sued on was ever assigned to him, nor does it appear in what…
2Cases cited1 opinion
- McCarn v. RiversSupreme Court of Iowa · 1858
3Cited by2 opinions
- American Soda Fountain Co. v. HogueNorth Dakota Supreme Court · 1908
- Digan v. MandelIndiana Supreme Court · 1907