Mornyer v. Cooper
Supreme Court of Iowa
Appeal from, Ma/rion Gvreuit Gov/rt. This action is brought by the plaintiff as the holder of a promissory note, as follows : “ June 8th, 1869. “ On or before the 1st day of June, 1870, for value received, I the subscriber, of Washington and Dallas townships, county of Marion, State of Iowa, promise to pay M. Woodward or bearer, $150 at Knoxville, it being for the profits of twelve seeders when sold, with interest at ten per cent per annum. (Signed) “ Pearson & Cooper.”
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Appeal from, Ma/rion Gvreuit Gov/rt. This action is brought by the plaintiff as the holder of a promissory note, as follows : “ June 8th, 1869. “ On or before the 1st day of June, 1870, for value received, I the subscriber, of Washington and Dallas townships, county of Marion, State of Iowa, promise to pay M. Woodward or bearer, $150 at Knoxville, it being for the profits of twelve seeders when sold, with interest at ten per cent per annum. (Signed) “ Pearson & Cooper.” It is alleged that the note was made by the said Pearson & Cooper, as partners, that the plaintiff is a holder for value…
1Opinion of the CourtMiller, J.
l. promissory Liíent I. We do not deem it neccessary to set out all of the special findings. It will be sufficient to state that they find defendants received no oonsideration for the note; that it was obtained by fraud; that Stone purchased the note before maturity, for a valuable consideration, and without any knowledge that it was fraudulently obtained; that the plaintiff* purchased the note of Stone before maturity, paid a valuable consideration therefor, and that he had no notice of the fraud, but “ had his suspicions aroused.”
These are the material and controlling facts in the case, and…
2Cases cited3 opinions
- Simon v. MerrittSupreme Court of Iowa · 1871
- Peabody v. ReesSupreme Court of Iowa · 1864
- Holmes v. BuddSupreme Court of Iowa · 1860
3Cited by8 opinions
- Scotland County v. HillSupreme Court of the United States · 1889
- Green v. WilkieSupreme Court of Iowa · 1896
- Levy v. FordSupreme Court of Louisiana · 1889
- Buck v. HoltSupreme Court of Iowa · 1888
- Commercial Savings Bank v. ColthurstSupreme Court of Iowa · 1922
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