Legal Opinion

Keokuk County State Bank v. Hall

Supreme Court of Iowa

Decided October 22, 1898PublishedCited by 10 opinions

Appeal from Keokuk District Court. — Hon. D. Ryan, Judge. This action is founded upon a' promissory note. The answer, with its several amendments, sets up defenses, the substance of which may be thus stated: Defendant signed the note in suit, together with one A. L. Hill, who was at the time a minor. Defendant was a surety only, although her name appears as a joint maker.

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Appeal from Keokuk District Court. — Hon. D. Ryan, Judge. This action is founded upon a' promissory note. The answer, with its several amendments, sets up defenses, the substance of which may be thus stated: Defendant signed the note in suit, together with one A. L. Hill, who was at the time a minor. Defendant was a surety only, although her name appears as a joint maker. The note was given to the firm of Skinner Bros., as part of the price of a livery stock purchased from said firm by Hill. It is further averred that Hill was induced to make such purchase by the fraudulent representations…

1Opinion of the Court

Waterman, J.'

1 The note was transferred to the plaintiff by the following endorsement: “This note is hereby assigned to S. W. Brunt, cashier, as collateral security on our note or notes, and we hereby waive demand, notice, protest, and all legal formalities of every kind. Skinner Bros.” Brunt was cashier of plaintiff bank, and it claims to own the note under this indorsement, and the claim is not disputed. It does not appear that any new consideration was given by the bank or any additional responsibility incurred. So far as shown, it took the note as further security only, for a pre-existing…

2Cases cited9 opinions

  1. Jones v. CrosthwaiteSupreme Court of Iowa · 1864
  2. Allen ex rel. Stephens v. BerryhillSupreme Court of Iowa · 1869
  3. Trustees of Iowa College v. HillSupreme Court of Iowa · 1861
  4. Baker v. KennettSupreme Court of Missouri · 1873
  5. Patterson v. CaveSupreme Court of Missouri · 1875

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3Cited by10 opinions

  1. McConnell v. PoorSupreme Court of Iowa · 1901
  2. Chambliss v. United StatesCourt of Appeals for the Eighth Circuit · 1914
  3. Hobbs v. Hinton Foundry, Machine & Plumbing Co.West Virginia Supreme Court · 1914
  4. Stanhope v. ShambowMontana Supreme Court · 1918
  5. Seeley v. Seeley-Howe-Le Van Co.Supreme Court of Iowa · 1905

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