Franklin v. Twogood
Supreme Court of Iowa
Appeal from Benton District Court. Plaintiff declares upon a note and mortgage made by-defendant, to the Hacine and Mississippi Eailroad company, in May, 1856. Answer, that the note was obtained by fraud, etc. Trial to the court, judgment for defendant, and plaintiff appeals.
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Appeal from Benton District Court. Plaintiff declares upon a note and mortgage made by-defendant, to the Hacine and Mississippi Eailroad company, in May, 1856. Answer, that the note was obtained by fraud, etc. Trial to the court, judgment for defendant, and plaintiff appeals. Por further material facts, see opinion. in the course of a lengthy argument, cited the following authorities : Story on Con. of Laws, §§ 212, 260 a, 261, 265, 266 a, 267, 267 a, 268, 270 note i; 272, 276 a, 277, 278, 279 a, 316 b, 637-639; Western v. Genesee M. Ins. Co. 12 N. Y. 258 ; Curtis v. Leavitt, 15 id. 90; Bowen…
1Opinion of the CourtWright, J.
l. contracts : IfiV Jnri • cnmmoniaw: aaother states, This case was before us in June, 1865, and will be found reported in 18 Iowa, 515. "Defendant there appealed from the judgment in plaintiff’s i A O o o 1 favor, which followed the holding of the Distnct Court, that plaintiff was a holder tor value of paper indorsed and transferred before maturity, and as such, under the law merchant was protected against prior equities ; for the effect of this construction of the transfer was to exclude all evidence of the alleged fraud. We held, however, that the transfer made in the body of a separate…
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