Blackwell v. Denie
Supreme Court of Iowa
Appeal from Johnson District Court. Action upon a note dated August 21,1866, due three months after date, payable to Yanservens or bearer, brought by plaintiff as the holder.
Read the full summary
Appeal from Johnson District Court. Action upon a note dated August 21,1866, due three months after date, payable to Yanservens or bearer, brought by plaintiff as the holder. The answer, in its second division, denies that defendant “ executed or delivered the alleged note, but avers that the same was never executed, stamped or issued by him or his authority; that the same was fraudulently and deceitfully made by one Vanservens, the payee, as an order for the delivery to defendant for trial, of a certain .patent machine called, etc., and the signature of defendant obtained thereto as such…
1Opinion of the Court
Wright, J".
Bills and TiABLD^poststamped. It will be observed that the answer does not aver that plaintiff had any knowledge of the alleged non-delivery of the note, nor of any of the other matters stated, nor that he received it after due. *
While the answer alleges generally that the note was never issued, it proceeds to state the facts justifying, in the opinion of the pleader, such conclusion. And to these we must look in judging of the sufficiency of the defense. Thus construed, the answer sets up fraud by the payee, and that the note was unstamped when made and signed. *66In the hands of an…
2Cited by8 opinions
- Sperry v. HorrSupreme Court of Iowa · 1871
- Robinson v. LairSupreme Court of Iowa · 1870
- Lutton v. BakerSupreme Court of Iowa · 1919
- Gage v. SharpSupreme Court of Iowa · 1867
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
3 more not listed; retrieve them via the Exa API.