Hathway v. Rogers
Supreme Court of Iowa
Appeal from Des Moines District Court. — IIon. James D. Smyth, Judge. Plaintiee brought suit in equity originally to enjoin the transfer of a promissory note, claiming to be the owner of a one-half interest therein. Defendant answered, setting up a claim also to a one-half interest, and asserting that plaintiff was liable to him as an indorser. By cross petition defendant asked judgment against plaintiff on such contract of indorsement.
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Appeal from Des Moines District Court. — IIon. James D. Smyth, Judge. Plaintiee brought suit in equity originally to enjoin the transfer of a promissory note, claiming to be the owner of a one-half interest therein. Defendant answered, setting up a claim also to a one-half interest, and asserting that plaintiff was liable to him as an indorser. By cross petition defendant asked judgment against plaintiff on such contract of indorsement. Plaintiff, by amendment, avers that the so-called indorsement was a mere memorandum placed on said note to show defendant’s interest therein. If it is in law…
1Opinion of the CourtWaterman, J.
The plaintiff, J. D. Gorman, and one-Henry Korten were the sole stockholders and owners of theHorten Smoke-Consumer Company, each having a one-third interest. The company was indebted to plaintiff in the sum of $1,336.50, which was evidenced by its promissory note. Plaintiff had given defendant an option to purchase one-half' of his interest for the sum of $846.93, with interest thereon at 7 per cent, from November 12, 1894; and on August 27, 1895, defendant made the purchase for the sum of $748.45.. The following bill of sale to evidence the contract was made :~
“Know all men by these…
2Cases cited3 opinions
- Sands v. WoodSupreme Court of Iowa · 1855
- Williams v. DonaldsonSupreme Court of Iowa · 1859
- Haas v. SackettSupreme Court of Minnesota · 1889