Watson v. Poague
Supreme Court of Iowa
Appeal from Benton District Court. The plaintiff lield a promissory note for $500, executed jointly by the defendants and one Jolm W. Griffith. After the note became due Griffith made a payment on the note of $409.65, and within four months thereafter- was adjudged a bankrupt on the petition of creditors other than, the plaintiff.
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Appeal from Benton District Court. The plaintiff lield a promissory note for $500, executed jointly by the defendants and one Jolm W. Griffith. After the note became due Griffith made a payment on the note of $409.65, and within four months thereafter- was adjudged a bankrupt on the petition of creditors other than, the plaintiff. After the adjudication in bankruptcy the defendants, Poague and Wood, paid to the plaintiff’s, clerk (who was ignorant of the circumstances), the balance of the note and took it up. The assignee in bankruptcy recovered of plaintiff the amount which had been paid him…
1Opinion of the CourtAdams, J.
It is claimed by the said Poague and "Wood, defendants and appellants, that the plaintiff is not entitled to recover in this case because, 1st. If the indorsement was made by mistake it was a mistake of the law. 2d. That he obtained the payment by fraud, and having lost the advantage of his fraud, a court of equity will not now relieve him, and 3d. That by receiving payment he precluded the defendants from protecting themselves.
1. PROMISSORY note: equity: banckruptxcy. The true ground of the plaintiff’s relief is, not that the indorsement was made by mistake, but that he lost the benefit…
2Cited by8 opinions
- Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
- Kolkman v. Manufacturers' Trust Co.Court of Appeals for the Second Circuit · 1928
- Baxter v. Continental Illinois National Bank & Trust Co. of ChicagoAppellate Court of Illinois · 1940
- Perry v. Van Norden Trust Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Second National Bank v. PrewittTennessee Supreme Court · 1906
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