Marengo Savings Bank v. Kent
Supreme Court of Iowa
Appeal from Iowa District Court.— Hon. O. A. Byington, Judge. Action upon twelve promissory notes executed by defendant to plaintiff bank. Defendant pleaded want and failure of consideration for part of the notes.
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Appeal from Iowa District Court.— Hon. O. A. Byington, Judge. Action upon twelve promissory notes executed by defendant to plaintiff bank. Defendant pleaded want and failure of consideration for part of the notes. He also pleaded that there was placed in said bank to his credit the sum of $1,708.34, with the agreement between him and plaintiff’s cashier that the said amount should at once be applied ujion the notes which defendant then awed the bank, and that any future money which defendant might need could be checked out and settled as an overdraft. He avers that the money was not in fact…
1Opinion of the CourtDeemer, J.
Although something like seventeen errors are assigned, they are grouped in appellant’s argument under six or seven différent headings, but some of these overlap and will be considered together. Hpon this appeal no question is made regarding the execution and delivery of the notes sued upon, and no claim is now made that they were not based upon a sufficient consideration. It is contended, however, that they were paid and satisfied because of the transactionsi hereinafter to be referred to, and that the judgment should have been for defendant under the law and the facts. The notes were…
2Cases cited12 opinions
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
- Fenner v. Crips Bros.Supreme Court of Iowa · 1899
- Alexander v. Grand Lodge Ancient Order of United WorkmenSupreme Court of Iowa · 1903
- Warren v. ChandlerSupreme Court of Iowa · 1896
- Hoyt v. HoytSupreme Court of Iowa · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First State Bank v. OelkeSupreme Court of Iowa · 1910
- Coleman v. ColemanSupreme Court of Iowa · 1911
- Rockwell v. KetchumSupreme Court of Iowa · 1910
- Cox v. ClineSupreme Court of Iowa · 1910
- Becker v. Incorporated Town of ChurdanSupreme Court of Iowa · 1916
3 more not listed; retrieve them via the Exa API.