Potter v. Young
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. A. W. Wilkinson, Judge. This action is to recover upon a promissory note executed February 24, 1890, by the defendants, C. H. Young, Thomas C. Young, and R. A. Creger, for three hundred dollars,, payable to the order of the Mutual Trust & Loan Company six months after date.
Read the full summary
Appeal from Madison District Court. — Hon. A. W. Wilkinson, Judge. This action is to recover upon a promissory note executed February 24, 1890, by the defendants, C. H. Young, Thomas C. Young, and R. A. Creger, for three hundred dollars,, payable to the order of the Mutual Trust & Loan Company six months after date. Plaintiffs allege that said note was indorsed by said company to W. P. Potter, and by W. P. Potter to plaintiffs, for value before maturity, and that the same is still the property of plaintiffs and unpaid. The defendant C. H. Young, for himself and his codefendants, answered,…
1Opinion of the CourtGtven, J.
Defendants having admitted liability •on the note but for the matters set up as a defense, the burden of proof was upon them. At the close of their evidence plaintiffs moved for a verdict on the grounds that there was no evidence showing, or tending to show, that the payee or either of the indorsees of the note in suit were guilty or cognizant of fraud in the ■transaction, as alleged by defendants, and that there was no evidence that J. B. W. Westfall was the agent •of plaintiffs. This motion was overruled, and of this ruling plaintiffs first complain. It will be observed ■that defendants not…
2Cases cited1 opinion
- Rock Island National Bank v. NelsonSupreme Court of Iowa · 1875
3Cited by1 opinion
- First National Bank v. GetzSupreme Court of Iowa · 1895