Scofield v. Ford
Supreme Court of Iowa
Appeal from Washington Girewit Gov/rt. Action upon a promissory note made payable to M. Woodward or bearer and transferred to the plaintiff.
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Appeal from Washington Girewit Gov/rt. Action upon a promissory note made payable to M. Woodward or bearer and transferred to the plaintiff. The defendant admits the signature, but avers that he was induced to execute the note by fraud; that he undertook to sell seeders and cultivators as agent of Woodward, that he signed a paper as a contract setting forth the terms of the agency; that he had no intention of signing a promissory note, but that the paper signed contained words in the lower right hand corner which taken by themselves constitute the note in question; that after his signature…
1Opinion of the Court
Adams, Ch. J.
i. promissory Safaltera-6" auee'of eon-tract. This court has held that where a negotiable promissory note passes into the hands of a Iona fide holder for value before maturity the maker cannot escape liability upon the ground that he was induced to execute the note by fraud, even though , , , . he was not intending to execute a promissory note, but a contract of a different character. Douglass v. Matting, 29 Iowa, 498. That case is relied upon by the plaintiff. But the case at bar differs from that case in this, *372that the instrument signed was altered .by cutting off a part of it.…
2Cases cited4 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- Wait v. PomeroyMichigan Supreme Court · 1870
- Douglass v. MattingSupreme Court of Iowa · 1870
3Cited by9 opinions
- First National Bank of Grand Haven v. ZeimsSupreme Court of Iowa · 1894
- Spencer v. TripplettCourt of Appeals of Texas · 1916
- Conger v. CrabtreeSupreme Court of Iowa · 1893
- Smith v. EalsSupreme Court of Iowa · 1890
- Porter v. HardyNorth Dakota Supreme Court · 1901
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