Murray v. Graham
Supreme Court of Iowa
Appeal from Dallas Circuit Court. Wednesday, August 31. This action is brought to recover $7,000 against Graham and eight others. The first count in the petition declares upon a note, signed by eight of the defendants, dated June 12, 1869, due in five months, payable to the ninth defendant (Yan Meter), for $7,000, “with interest at the rate of ten per cent,” and indorsed to the plaintiff on the same day.
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Appeal from Dallas Circuit Court. Wednesday, August 31. This action is brought to recover $7,000 against Graham and eight others. The first count in the petition declares upon a note, signed by eight of the defendants, dated June 12, 1869, due in five months, payable to the ninth defendant (Yan Meter), for $7,000, “with interest at the rate of ten per cent,” and indorsed to the plaintiff on the same day. The second count avers that the note, when transferred to plaintiff, contained the words “ after matuity,” (as to the interest), and that before it was due, Graham, who claimed to have, and…
1Opinion of the CourtWeight, J.
i. promissory note: sureties. In this case, as in the one immediately preceding (Davis v. Graham and others), the parties differ but little as to the law, but do widely ag j.Q the facts. We shall state what, in our opinion, the testimony very conclusively establishes, what the court below could only consistently have found, and,*522as we proceed, finally, state the law applicable to such facts.
Plaintiff let Graham have $7,000 in money, asv a loan, for five months. It is true a large part was in a certificate of deposit for gold in a bank at San Francisco, but it had ,a cash value ; he took it at…
2Cases cited2 opinions
- Wood v. SteeleSupreme Court of the United States · 1867
- Hall's Adm'x v. McHenrySupreme Court of Iowa · 1865
3Cited by9 opinions
- Davenport v. KingIndiana Supreme Court · 1878
- Eckert v. PickelSupreme Court of Iowa · 1882
- Phillips v. W. A. Crips & BrotherSupreme Court of Iowa · 1899
- O'Howell v. KirkMissouri Court of Appeals · 1890
- Wallace v. TiceOregon Supreme Court · 1898
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