Gregory v. Wattowa
Supreme Court of Iowa
Appeal from Howard Circuit Court. In February, 1879, the plaintiff sold to the defendant, Wattowa, 160 acres of land and took from him a mortgage and six promissory notes to secure the purchase-money.
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Appeal from Howard Circuit Court. In February, 1879, the plaintiff sold to the defendant, Wattowa, 160 acres of land and took from him a mortgage and six promissory notes to secure the purchase-money. Soon after the notes were executed the plaintiff, who resided in Howard county, sent three of them to Bryden, Moak & Scurr commission merchants in Milwaukee, to secure such future advancements as they might make for him in certain contemplated purchases and sales of grain, to be made by Bryden, Moák & Scurr for the plaintiff, The notes were indorsed in blank by the plaintiff, either at the time…
1Opinion of the CourtEothrook, J.
1. CONTRACTS: optional transactions : when void. -Passing the question as to the effect of the dismissal, of plaintiff’s petition of intervention, in the former action concerning these notes, we come to the main question uP011 fhe merits of the case, which is, was the transfer of the notes by the plaintiff to Bryden, Moak & Scurr void, or rather voidable at plaintiff’s election, because the transfer was an advancement made, or security for advancements to be made, by the indorsees, for certain gambling transactions in the price of grain to be by them entered into and carried on in the name of…
2Cases cited2 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Logan v. Musick & BrownIllinois Supreme Court · 1876
3Cited by8 opinions
- Anderson v. StateCourt of Appeals of Georgia · 1907
- Cunningham v. National BankSupreme Court of Georgia · 1883
- First Nat. Bank v. Oskaloosa Packing Co.Supreme Court of Iowa · 1885
- Wall v. SchneiderWisconsin Supreme Court · 1884
- Sprague v. WarrenNebraska Supreme Court · 1889
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