Legal Opinion

Second National Bank of Richmond v. Martin

Supreme Court of Iowa

Decided May 19, 1891PublishedCited by 6 opinions

Appeal from Lyon District Court. — Hon. Gr. W. Wakefield, Judge. ■ Action iu chancery to foreclose a chattel mortgage, and to recover judgment upon thepromissory notes secured by it. ; By the final decree the plaintiff’s petition was dismissed. It now appeals to this court.

1Opinion of the CourtBeck, C. J.

I. The notes secured by the mortgage were executed by the defendants payable to the order of Gaar, Scott & Co., a corporation, and were transferred before maturity to the plaintiff by an indorsement in blank upon the back of the notes in these words, “ Gaar, Scott & Co.” The petition alleges the indorsement of the notes, and no denial thereof, or of the signature of the indorsement, is alleged in the answer. This allegation, however, appears: “Defendants say said notes were never indorsed by Gaar, Scott & Co. so as to transfer title.” The answer admits the execution of the. notes, but alleges…

2Cases cited2 opinions

  1. Templeton v. HaywardIllinois Supreme Court · 1872
  2. Walker v. KrebaumIllinois Supreme Court · 1873

3Cited by6 opinions

  1. Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
  2. University of Chicago v. EmmertSupreme Court of Iowa · 1899
  3. Farmers' National Bank v. HatcherSupreme Court of Iowa · 1916
  4. Bureau Marketing Service v. LewisSupreme Court of Iowa · 1935
  5. Snyder v. First National BankOhio Circuit Courts · 1897

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