Culbertson v. Nelson
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — HoN. J. E. P. McG-ee, Judge. Action at law upon 'an accepted bill of exchange. Defense, want of consideration, fraud in the inception of the bill, and alteration thereof after delivery. The case was tried to the court without .a jury, and judgment rendered for defendant. Plaintiff appeals.—
1Opinion of the CourtDeemer, J.
This is another case where the unsuspecting hlais been imposed upon by the patent-right swindler, and, in its facts, is somewhat similar to the case of Bank v. Zeims, Ante 140, 61 N. W. Rep. 483. In this case the patent was on a water heater or feed cooker, and in the Zeims case it was on a fence. The lower court made a finding of facts from, which he drew certain conclusions of law, which were as follows: “(1) That the draft in controversy was obtained of the defendant through fraud and misrepresentation of the payee therein, Thos. E. Hall, and is wholly without consideration. (2) That the…
2Cases cited33 opinions
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
- Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827
- Sperry v. HorrSupreme Court of Iowa · 1871
- Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
- Lowe v. BlissIllinois Supreme Court · 1860
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3Cited by13 opinions
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Iowa National Bank v. CarterSupreme Court of Iowa · 1909
- Hallett Construction Co. v. Iowa State Highway CommissionSupreme Court of Iowa · 1966
- State Bank v. BilstadSupreme Court of Iowa · 1912
- Davis v. McCollMissouri Court of Appeals · 1914
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