Legal Opinion

Cedar Rapids National Bank v. Weber

Supreme Court of Iowa

Decided September 22, 1917PublishedCited by 9 opinions

Appeal from Mitchell District Court. — C. H. Kelley, Judge. Appellant brought separate suits in justice of the peace court in Linn County against each of the following named parties: Peter Weber, Fred H. Towner, Nick Wagner, M. C. Lewis, A. F. Balsley, Mrs. F. Blonigan, Geo. W. Godfrey, Ben Colton, F. A. Bush, Geo. W. Hill, Berte Boughton, and L. W. Andrews, upon the separate note of each.

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Appeal from Mitchell District Court. — C. H. Kelley, Judge. Appellant brought separate suits in justice of the peace court in Linn County against each of the following named parties: Peter Weber, Fred H. Towner, Nick Wagner, M. C. Lewis, A. F. Balsley, Mrs. F. Blonigan, Geo. W. Godfrey, Ben Colton, F. A. Bush, Geo. W. Hill, Berte Boughton, and L. W. Andrews, upon the separate note of each. The trial thereof was transferred to Mitchell County, upon the application of defendants, on the ground that there was fraud in the inception of the notes. Action was brought against the defendants Elmo…

1Opinion of the CourtStevens, J.

The question of fraud in the inception of the notes is not argued by counsel for appellant, and reliance Is placed upon the following propositions for reversal: (1) That the notes in controversy are negotiable; (2) that there was not sufficient evidence to justify the submission to the jury of the question whether appellant was an innocent holder of said notes; (3) that the defendants *969Towner and Hill waived their rights to rescind their contract, and the defenses urged to their notes, by the continued use of their gas machines after their right of trial for one year had lapsed; (4) that the…

2Cases cited19 opinions

  1. National Bank of Commerce v. KenneyTexas Supreme Court · 1904
  2. City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
  3. Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
  4. Glidden v. HenryIndiana Supreme Court · 1885
  5. Stitzel v. MillerIllinois Supreme Court · 1911

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Farmers National Bank of Oskaloosa v. StantonSupreme Court of Iowa · 1921
  2. Quinn v. BaneSupreme Court of Iowa · 1917
  3. Sioux National Bank v. LundbergSouth Dakota Supreme Court · 1929
  4. Macksville State Bank v. EhrlichSupreme Court of Kansas · 1925
  5. Horridge v. NicholsSupreme Court of Iowa · 1922

4 more not listed; retrieve them via the Exa API.

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