Bank of Carroll v. Taylor
Supreme Court of Iowa
Appeal from Guthrie Circuit Court. This action was brought by plaintiff on two instruments 'in writing, executed by defendant, by which he agreed to pay J. W. Stoddard, or bearer, different sums of money. Plaintiff alleges that it purchased said instruments for a valuable consideration, before maturity.
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Appeal from Guthrie Circuit Court. This action was brought by plaintiff on two instruments 'in writing, executed by defendant, by which he agreed to pay J. W. Stoddard, or bearer, different sums of money. Plaintiff alleges that it purchased said instruments for a valuable consideration, before maturity. Defendant answered, pleading a failure of the consideration of said instruments; but the averment in the petition that pLaintiff is a purchaser of the instruments before maturity for value is not denied by the answer. Plaintiff demurred to the answer on the ground that the failure of the…
1Opinion of the CourtEeed, J.
combined* * mortgage*?1 nego&a íiity. The following is a copy of one of the instruments sued on: “$40.00.- Coon Eapids, Iowa, 5, 4, 1881. On the twenty-fifth day of December, 1881, for value received, I promise to pay to J. W. Stoddard, or bearer, forty dollars, with interest at ten per cen^ payaDIe annually, from date until paid, and ten per cent is to be added to the amount if this note remains unpaid after maturity and is collected by suit. Por the consideration mentioned above the undersigned hereby sells and conveys to J. W. Stoddard the following property: One Triumph Drill, No. —, upon…
2Cases cited1 opinion
- Smith v. MarlandSupreme Court of Iowa · 1882
3Cited by12 opinions
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- First Nat. Bank of Birmingham v. De JernettSupreme Court of Alabama · 1935
- Hughitt v. JohnsonU.S. Circuit Court for the District of Eastern Missouri · 1886
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