First National Bank v. Hall
Supreme Court of Iowa
Appeal from Wébst&ñ District' Cotvrt. — Hon. S. M. Weaver, Judge. Action upon two promissory notes executed to Cole, Grant & Co., indorsed in blank by the payee, and transferred by delivery to the plaintiff bank. The defenses pleaded are: First. Fraud at their inception; and, second, their alteration since their execution, by inserting in each of them a rate of interest at eight per cent.
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Appeal from Wébst&ñ District' Cotvrt. — Hon. S. M. Weaver, Judge. Action upon two promissory notes executed to Cole, Grant & Co., indorsed in blank by the payee, and transferred by delivery to the plaintiff bank. The defenses pleaded are: First. Fraud at their inception; and, second, their alteration since their execution, by inserting in each of them a rate of interest at eight per cent. The jury returned its general verdict for the defendant, with the following special findings: “ First. Do you find that the notes in suit have been altered or changed as claimed by defendant? A., Yes.…
1Opinion of the CourtGranger, J.
Assignments of error are based on tbe action of the court as to both defenses. The court instructed the jury that if it found for the defendant that the notes had been materially changed or altered it need not consider the defense as to fraud. By the first special finding it appears the jury did so find; and, hence, if there is no reversible error as to that branch of the case, we need not consider assignments as to the other, because for errors therein we could not reverse.
The notes in suit were made by filling blanks prepared for that purpose, and the allegations of the answer, supported by…
2Cases cited1 opinion
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
3Cited by5 opinions
- First National Bank of Grand Haven v. ZeimsSupreme Court of Iowa · 1894
- Conger v. CrabtreeSupreme Court of Iowa · 1893
- Phillips v. W. A. Crips & BrotherSupreme Court of Iowa · 1899
- Dille v. LongwellSupreme Court of Iowa · 1924
- Derr v. KeaoughSupreme Court of Iowa · 1895