Sperry v. Horr
Supreme Court of Iowa
Appeal from Monroe District Gov/rt. Action upon two promissory notes, each in the following form: “ $100. Knoxville, Iowa, Sept. 8, 1869. “ One year after date, for value received, I promise to pay A. S. Jones & Co., or bearer, the sum of $100, with ten per cent interest until paid. 'If not paid when due, and suit is brought thereon, I hereby agree to pay collection and attorney fees therefor. “ Joseph Horr.” Plaintiff is the holder of these instruments.
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Appeal from Monroe District Gov/rt. Action upon two promissory notes, each in the following form: “ $100. Knoxville, Iowa, Sept. 8, 1869. “ One year after date, for value received, I promise to pay A. S. Jones & Co., or bearer, the sum of $100, with ten per cent interest until paid. 'If not paid when due, and suit is brought thereon, I hereby agree to pay collection and attorney fees therefor. “ Joseph Horr.” Plaintiff is the holder of these instruments. Defense, fraud in procuring their execution, want of consideration, etc., and that the notes were not stamped when executed and delivered to…
1Opinion of the CourtBeck, J.
1. promissory umtslnegotia'" I. The question raised by appellant relates to the sufficiency of the instruments sued upon as promissory notes, and the defense pleaded, that they were not stamped by defendant. If the instruments are non-negotiable the facts found by the court are sufficient to defeat recovery in this action; if negotiable, the judgment of the district court, so far as the defense of fraud, want of consideration, etc., are concerned must be sustained. We are required, therefore, to determine whether the instruments are promissory notes. It is claimed that they are not, because…
2Cases cited5 opinions
- Lowe v. BlissIllinois Supreme Court · 1860
- Blackwell v. DenieSupreme Court of Iowa · 1867
- Johnson v. FrisbieMichigan Supreme Court · 1867
- Grutacap v. WoulluiseU.S. Circuit Court for the District of Michigan · 1841
- Jewett v. LyonSupreme Court of Iowa · 1852
3Cited by31 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Jones v. RadatzSupreme Court of Minnesota · 1880
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