Higby v. Bahrenfuss
Supreme Court of Iowa
Appeal from Hamilton District Gourt. — R. M. Wright, Judge. Action to recover interest on a promissory note. Defense, that the note was without consideration; that plaintiff, as indorsee, took it with notice of infirmaties. Judgment for the plaintiff in the court below. —
1Opinion of the CourtGaynor, C. J.
This action is brought to recover interest on a certain note for $1,500, given by the defendants to one William Greenwood, which appears to have been indorsed without recourse by Greenwood to one Bair, and by him to the plaintiff. The petition is in the usual form.
*317The answer admits the execution of the note; alleges that the note is collateral to a certain mortgage of even date therewith; that there was a contemporaneous written agreement between Greenwood and these defendants, at the time of the execution of the note and mortgage, that there should be no personal liability on the note and…
2Cases cited13 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Morgan v. United StatesSupreme Court of the United States · 1885
- Railroad Co. v. SpragueSupreme Court of the United States · 1881
- McPherrin v. TittleSupreme Court of Oklahoma · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barbour v. FinkeSouth Dakota Supreme Court · 1924
- Phillips v. McIlrathSupreme Court of Iowa · 1928
- Winn v. StrongSupreme Court of Iowa · 1923
- Kreitz v. Savings Deposit Bank & Trust Co.Ohio Court of Appeals · 1926