Legal Opinion

Merchants National Bank v. Grigsby

Supreme Court of Iowa

Decided November 28, 1914PublishedCited by 14 opinions

Appeal from Boone District Court. — Hon. R. M. Wright, Judge. Action at law upon, a promissory note for $1,000. The payee of the note was J. Crouch & Son, who endorsed the same to the plaintiff before maturity. The defendant admits the execution of the note, but sets up in defense a breach of warranty and false representations, and failure of consideration, and that the plaintiff is not a good-faith holder in due course.

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Appeal from Boone District Court. — Hon. R. M. Wright, Judge. Action at law upon, a promissory note for $1,000. The payee of the note was J. Crouch & Son, who endorsed the same to the plaintiff before maturity. The defendant admits the execution of the note, but sets up in defense a breach of warranty and false representations, and failure of consideration, and that the plaintiff is not a good-faith holder in due course. At the close of the evidence, there was a directed verdict for the plaintiff. The defendant appeals.

1Opinion of the CourtEvans, J.

The note in question was given on September 28, 1909, and was one of a series of three notes of $1,000 each, representing the purchase price of an imported stallion sold by the payee to the defendant upon such date. Delivery of the horse was made sometime in December, 1909. A written bill of sale was delivered to the purchaser, including a guaranty as follows:

“We have this day sold the imported Belgian stallion, Bon Espoir de Solre No. 4072 (31720) to G. W. Grigsby, of Madrid, Iowa, and we guarantee the said stallion to be a satisfactory sure breeder, provided the said stallion keeps in as…

2Cases cited18 opinions

  1. McNight v. ParsonsSupreme Court of Iowa · 1907
  2. Arnd v. AylesworthSupreme Court of Iowa · 1909
  3. National Bank of North America v. KirbyMassachusetts Supreme Judicial Court · 1871
  4. Ireland v. ScharpenbergWashington Supreme Court · 1909
  5. Iowa National Bank v. CarterSupreme Court of Iowa · 1909

13 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
  2. In Re Estate of WorkSupreme Court of Iowa · 1930
  3. Waukee Savings Bank v. JonesSupreme Court of Iowa · 1916
  4. National Bank of Decorah v. RobisonSupreme Court of Iowa · 1925
  5. German American National Bank v. KelleySupreme Court of Iowa · 1918

9 more not listed; retrieve them via the Exa API.

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