People's Savings Bank of Des Moines v. Gifford
Supreme Court of Iowa
'Appeal from Story District Gourt. — Hoe. S. Weavek, Judge. Action at law to recover an amount alleged to be due on a promissory note. There was a trial by tbe court without a jury, and a judgment in favor of the defendant for costs. The plaintiff appeals. —
1Opinion of the CourtHobinson, C. J.
1 — The note in suit was made by E. W. Gifford and H. M. Eunson for the sum of four hundred and twenty-five dollars, was made payable to J. T. James or order, and is indorsed in blank. A payment thereon of two hundred and ninety dollars has been made. The defendants are the makers of the note. They allege that it was given in settlement of an alleged indebtedness which grew out of the gambling transactions had by Gifford with the firm of J. T. J ames & Co., and that it is for that reason void. The court was authorized to find that the material facts involved in the making of the note were…
2Cases cited5 opinions
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- First Nat. Bank v. Oskaloosa Packing Co.Supreme Court of Iowa · 1885
- First National Bank v. CarrollSupreme Court of Iowa · 1890
- Chas. Counselman & Co. v. ReichartSupreme Court of Iowa · 1897
- Shipley v. ReasonerSupreme Court of Iowa · 1890
3Cited by5 opinions
- Alexiou v. Bridgeport-Peoples' Savings BankSupreme Court of Connecticut · 1930
- Plank v. SwiftSupreme Court of Iowa · 1919
- Munns v. Donovan Commission Co.Supreme Court of Iowa · 1902
- Lamson Bros. & Co. v. BaneCourt of Appeals for the Eighth Circuit · 1913
- Ware & Leland v. HeissSupreme Court of Iowa · 1907