Haines v. Lewis
Supreme Court of Iowa
Appeal from Poweshiek GwevÁt Oowri. Action to recover the value of a certain promissory note executed by one Danfortb and made payable to the order of the plaintiffs, and placed by Danforth in the hands of the defendant, under an agreement, as is alleged, that it should be delivered to plaintiffs; also to recover certain money paid to defendant by Danforth upon a certain other note of a similar character, placed in defendant’s hands, as is alleged, under a similar agreement.
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Appeal from Poweshiek GwevÁt Oowri. Action to recover the value of a certain promissory note executed by one Danfortb and made payable to the order of the plaintiffs, and placed by Danforth in the hands of the defendant, under an agreement, as is alleged, that it should be delivered to plaintiffs; also to recover certain money paid to defendant by Danforth upon a certain other note of a similar character, placed in defendant’s hands, as is alleged, under a similar agreement. The defendant admits that he holds said note and money, but denies the alleged agreement. ITe avers that the note was…
1Opinion of the Court
Adams, Ci-i. J., illegal consid-' Re policy. I. The plaintiffs’ action is based npon an alleged agreement upon the part of the defendant to deliver to them the two notes made payable to them and placed in defendant’s hands. With whom such agreement was made does not appear from the petition. If it was made solely between Danforth and the defendant, then the defendant was solely Danforth’s agent or bailee, and the delivery by Danforth to his own agent or bailee was not such delivery as would put the notes in force.
Rut if the petition had averred an agreement between the defendant and…
2Cited by4 opinions
- Brooks v. CooperSupreme Court of New Jersey · 1893
- Fidelity & Deposit Co. of Maryland v. Grand Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Baird v. BoehnerSupreme Court of Iowa · 1889
- In Re Estate of WhitehouseSupreme Court of Iowa · 1937