Builders Lime & Cement Co. v. Weimer
Supreme Court of Iowa
A.ppeal from Scott District Court. — Hon. M. F. Donegan, Judge. This action is on a note in words following: ' “$2,500.00. Feb. 1, 1907. Six months after date we promise to pay to the order of Mueller Lumber Company or bearer Twenty-five hundred & no-100 Dollars at Iowa National Bank of Davenport, Iowa. Value received with interest at the rate of 6% per annum. CONCRETE CONSTRUCTION COMPANY, By Cecil E. Bryan, President. Wm. Weimer, Harry E. Brown, A. W. Weimer.
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A.ppeal from Scott District Court. — Hon. M. F. Donegan, Judge. This action is on a note in words following: ' “$2,500.00. Feb. 1, 1907. Six months after date we promise to pay to the order of Mueller Lumber Company or bearer Twenty-five hundred & no-100 Dollars at Iowa National Bank of Davenport, Iowa. Value received with interest at the rate of 6% per annum. CONCRETE CONSTRUCTION COMPANY, By Cecil E. Bryan, President. Wm. Weimer, Harry E. Brown, A. W. Weimer. No.--Due- (On back) Concrete Const. Co. By Cecil E. Bryan, Pres. Cecil E. Bryan, J. S. Wilbert. The defendant Weimer, answering,…
1Opinion of the CourtLadd, J.
1. Alteration of instrument bills and notes: materiality: “or bearer” for “or order” : effect. The note, when signed by defendant, Weimer, he being the last to sign, was payable to the order of the Mueller Lumber Company, and thereafter ivas changed by erasing “order of” therein and inserting after the name of the payee the words “or bearer.” This was done without defendant's consent before its delivery, by Bryan, president of the Concrete Construction Company,
the first signer; and the latter, Bryan and Wilbert, endorsed the same and thereafter the note was delivered to the plaintiff for a…
2Cases cited9 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
- McGrath v. . ClarkNew York Court of Appeals · 1874
- Draper v. WoodMassachusetts Supreme Judicial Court · 1873
- Weaver v. BromleyMichigan Supreme Court · 1887
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3Cited by12 opinions
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- Palomaki v. LaurellOregon Supreme Court · 1917
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