Barlow v. Scott's Administrators
Supreme Court of Iowa
Appeal from Polh District Court. This action was brought upon a negotiable promissory note, dated December 16th, 1857, due six months after date and assigned to plaintiffs, May 26, 1859. The cause was submitted to the court, when the following facts were found: “The consideration of the note was intoxicating liquors sold by the county judge of Polk county, without any authority ; the purpose for which the sale was made, rvas illegal ; the assignees had no notice of this…
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Appeal from Polh District Court. This action was brought upon a negotiable promissory note, dated December 16th, 1857, due six months after date and assigned to plaintiffs, May 26, 1859. The cause was submitted to the court, when the following facts were found: “The consideration of the note was intoxicating liquors sold by the county judge of Polk county, without any authority ; the purpose for which the sale was made, rvas illegal ; the assignees had no notice of this illegality, at the time of the sale, and as the note Ayas negotiable at the time, they could not be affected by the…
1Opinion of the CourtWrigiit, J.
I. Following Childs, Sanford & Co. v. Hyde & Co., 10 Iowa 294, and Pecker v. Scott’s Administrators, Ib. 20, we hold that the court erred in overruling the motion of the administrators.
II. The action was brought against Scott’s Administrators, and two others. The latter answered, upon which issue was joined. Trial by the court, and judgment for the plaintiffs. Scott’s Administrators appeal, serving notice thereof on their co-defendants. The defendants thus served now come into this court, acknowledge this service, and ask leave to file an assignment of errors, and to be heard on the trial, to…
2Cases cited2 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Childs, Sanford & Co. v. John Hyde & Co.Supreme Court of Iowa · 1860
3Cited by1 opinion
- T. H. & J. M. Allen & Co. v. BrattonMississippi Supreme Court · 1872