Robinson v. Robinson
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. R. M. Wright, Judge. Action at law upon a promissory note made and executed to plaintiff, by him indorsed to Robert Fullerton, and by Fullerton reindorsed without recourse to plaintiff. Defendant admitted the execution of the note, but pleaded want of consideration therefor. She also pleaded that plaintiff did not own the note and was not the real party in interest.
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Appeal from Hamilton District Court. — Hon. R. M. Wright, Judge. Action at law upon a promissory note made and executed to plaintiff, by him indorsed to Robert Fullerton, and by Fullerton reindorsed without recourse to plaintiff. Defendant admitted the execution of the note, but pleaded want of consideration therefor. She also pleaded that plaintiff did not own the note and was not the real party in interest. On the issues joined the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, C. J.
Plaintiff and defendant were at one time husband and wife. They were divorced some time in the year 1906, and just prior to the divorce defendant gave plaintiff two notes for $1,000 each. At that time some farm land was in the defendant’s name, and she claims that she gave plaintiff the notes on his promise to join in deeds to the farm land, so that she might handle the same. Thereafter, in settlement of these two notes, defendant paid plaintiff $200 in cash, and executed the note in suit for the remainder. On cross-examination of this witness it appeared that one reason for the giving of the…
2Cases cited5 opinions
- French v. FrenchSupreme Court of Iowa · 1892
- Harlan v. HarlanSupreme Court of Iowa · 1897
- Adams v. AdamsSupreme Court of Iowa · 1886
- Rowe v. BarnesSupreme Court of Iowa · 1897
- Brannum v. O'ConnorSupreme Court of Iowa · 1889
3Cited by2 opinions
- State Savings Bank v. DealSupreme Court of Iowa · 1925
- Nolte v. NolteSupreme Court of Iowa · 1931