Leightman v. Kadetska
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. Action upon a promissory note executed by the defendants, John Kadetska and John Ludwig, to the defendant, Wensel Calansky, and by him indorsed to the plaintiff. The defendant, Ludwig, for answer, averred that he signed the note as surety for Kadetska; that it was executed and delivered upon Sunday, and transferred to the plaintiff after maturity. There was a trial without a jury, aud judgment was rendered for the plaintiff.
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Appeal from Winneshiek Circuit Court. Action upon a promissory note executed by the defendants, John Kadetska and John Ludwig, to the defendant, Wensel Calansky, and by him indorsed to the plaintiff. The defendant, Ludwig, for answer, averred that he signed the note as surety for Kadetska; that it was executed and delivered upon Sunday, and transferred to the plaintiff after maturity. There was a trial without a jury, aud judgment was rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
1. PROMISSORY note: executed on Sunday: defense. The action was tried upon an agreed statement of facts which showed that the note, although purporting to ke executed upon a secular day, was, in fact, executed and delivered- upon Sunday; and that it was transferred after maturity, for value, to the plaintiff who took it without knowledge that it was not executed on the day of its date.
The defendant, Ludwig, insists that as the note was transferred to the plaintiff after maturity, he took it subject to any defense which the defendant might have set up, if it had not been transferred, and an…
2Cases cited1 opinion
- Johns v. BaileySupreme Court of Iowa · 1876
3Cited by5 opinions
- Arnd v. SjoblomWisconsin Supreme Court · 1907
- Collins v. CollinsSupreme Court of Iowa · 1908
- Gooch v. GoochSupreme Court of Iowa · 1916
- Moseley v. Selma National BankAlabama Court of Appeals · 1911
- Sakon v. SantiniMichigan Supreme Court · 1932