Lane v. Krekle
Supreme Court of Iowa
Appeal from Des Moines District Court. Promissory note : fictitious payee : fraud : onus probandi. — Action by tbe bolder against tbe maker of tbe following note: <: June 18, A. I). 1866. Three months after date, I, Jacob Krekle, of, etc., promise to pay V. L. Yanservens or bearer one hundred and fifty dollars, for value received. (Signed.) ■ JACOB KREKLE.”
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Appeal from Des Moines District Court. Promissory note : fictitious payee : fraud : onus probandi. — Action by tbe bolder against tbe maker of tbe following note: <: June 18, A. I). 1866. Three months after date, I, Jacob Krekle, of, etc., promise to pay V. L. Yanservens or bearer one hundred and fifty dollars, for value received. (Signed.) ■ JACOB KREKLE.” On tbe note are these indorsements: “Pay George 1:1. Lane and William O. Holcomb, or order, June 21,1866. William Henry, agent for Y. L. Yanservens.” “Pay George H. Lane, or order, October 1, 1866. William O. Holcomb.” Plaintiff alleges…
1Opinion of the CourtDillon, J.
1. Bills and notes negotiable: fictitious payee. I. The fact that the note in suit is made payable to bearer, relieves the case of some difficulties that would arise were it payable to the person named, or order. In the latter case, we would embarrasse(} by the question, how far, if at all, we would be bound by the line of decisions in the English courts, respecting bills and notes made payable to a fictitious payee. (As to the cases in England, see Chitty on Bills, 185 ; . Story, Id., §'§ 56, 200; Edwards, 126 ; 1 Parsons on Notes and Bills, 32, and note).
Even under the English rule, if the…
2Cases cited5 opinions
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- Ellicott v. Martin, Love & Co.Court of Appeals of Maryland · 1854
- Erwin v. . DownsNew York Court of Appeals · 1857
- Smith v. LusherCourt for the Trial of Impeachments and Correction of Errors · 1825
- Frazier v. MasseyIndiana Supreme Court · 1860
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