German American National Bank v. Kelley
Supreme Court of Iowa
Appeal from Gedar Rapids Superior Gourt. — C. B. Robbins, Judge. Action to recover judgment on a promissory note. The defense was that there was fraud in its inception, and that plaintiff acquired it subject to such infirmity. The issues were submitted to the jury, and verdict returned for defendants, on which judgment was entered. The plaintiff appeals.
1Opinion of the CourtLadd, J.
1. Bills and notes : bonafide purchasers : fraud in inception of note: burden of proof. On August á, 1913, the defendants, O. L. Kelley and C. O. Sprague, executed their promissory note for $2,000 to the Western Implement and Motor Company. Thereafter, the payee therein transferred said note to the Diamond Iron Works, and the latter to the German American Bank, plaintiff herein, all prior to the maturity of said note. The consideration for the execution of the note was $2,000 par value in preferred stock, and $1,000 par value in common stock, of the Western Im*271plement and Motor Company. The…
2Cases cited7 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Des Moines Savings Bank v. ArthurSupreme Court of Iowa · 1913
- Robertson v. U. S. Live Stock Co.Supreme Court of Iowa · 1914
- Bank of Bushnell v. Buck Bros.Supreme Court of Iowa · 1913
- Bennett State Bank v. SchloesserSupreme Court of Iowa · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
- In Re Estate of WorkSupreme Court of Iowa · 1930
- First National Bank v. DuttonSupreme Court of Iowa · 1925
- Ford v. OttSupreme Court of Iowa · 1919
7 more not listed; retrieve them via the Exa API.