Thorpe Bros. v. Dickey
Supreme Court of Iowa
Appeal from Delaware Circuit Court. This action was brought against the defendants, A. R. and F. N. Dickey, upon an account for goods sold and delivered, and also upon an alleged indorsement of a promissory note, which indorsement was made by the defendant, F. N. Dickey, in the name of the payee, A. R. Dickey. The action was also brought against John Stewart, as the maker of the note. A. R. and E. N. Dickey alone defend.
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Appeal from Delaware Circuit Court. This action was brought against the defendants, A. R. and F. N. Dickey, upon an account for goods sold and delivered, and also upon an alleged indorsement of a promissory note, which indorsement was made by the defendant, F. N. Dickey, in the name of the payee, A. R. Dickey. The action was also brought against John Stewart, as the maker of the note. A. R. and E. N. Dickey alone defend. Judgment was rendered against Stewart by default, and against the Dickeys upon trial. They appeal.
1Opinion of the CourtAdams, J.
— The amount claimed being less than one hundred dollars the trial court made the requisite certificate, certifying two questions, as follows: “First, whether an action can be brought on a promissory note against the maker and indorser thereof, and join with it an action of account for goods sold and delivered to and against the indorsers only; second, whether the indorsement by a person not a payee, without authority, holds both the payee and the person making the indorsement — the fact being that the plaintiff claimed that the account was for goods sold and delivered, and for which the note…
2Cited by4 opinions
- Iowa Lillooet Gold Min. Co. v. BlissU.S. Circuit Court for the District of Northern Iowa · 1906
- Prader v. National Accident Ass'nSupreme Court of Iowa · 1899
- Noble v. ChaseSupreme Court of Iowa · 1882
- Lawrence v. BrownSupreme Court of Iowa · 1894