Gage v. Sharp
Supreme Court of Iowa
Appeal from, Ma/rshall District Cowrt. Suit on a promissory note of which the following is a copy: “ $125.00. Marshalltown, March 13, 1865. “ Sixty days after date we, or either of ns, promise to pay Messrs. Woodbury and Abell, or bearer, one Tmndrred omd twenty-fine dollars, value received, payable at the First National Bank of Marshalltown, with ten per centum per annum after maturity. “A. G-. CHRISTIE, “ WM.
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Appeal from, Ma/rshall District Cowrt. Suit on a promissory note of which the following is a copy: “ $125.00. Marshalltown, March 13, 1865. “ Sixty days after date we, or either of ns, promise to pay Messrs. Woodbury and Abell, or bearer, one Tmndrred omd twenty-fine dollars, value received, payable at the First National Bank of Marshalltown, with ten per centum per annum after maturity. “A. G-. CHRISTIE, “ WM. SHARP.” - On the back of which, is this indorsement, viz.: “I guarrantee the payment of the within, waiving notice of protest. Perry Gage.” The plaintiff averred that he was the owner…
1Opinion of the CourtCole, J.
1. promissory note : latent infirmities, The note sued upon, is on its face the joint and several note of the defendant, and one A. G;. Christie, It appears in evidence, however, that the _ . r _ defendant as surety for (Jimstie, signed the note with the date and amount in blank, and delivered the same to Christie for negotiation after Christie should execute a mortgage to secure defendant for his liability thereon. Christie filled up the note with the sum agreed upon, but negotiated it contrary to the agreement, without first making the mortgage. The fact that the note after being intrusted…
2Cases cited3 opinions
- Lane v. KrekleSupreme Court of Iowa · 1867
- McCramer v. ThompsonSupreme Court of Iowa · 1866
- Blackwell v. DenieSupreme Court of Iowa · 1867
3Cited by14 opinions
- Lutton v. BakerSupreme Court of Iowa · 1919
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
- Crossley v. StanleySupreme Court of Iowa · 1900
- Cook v. WeirmanSupreme Court of Iowa · 1879
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