Gooch v. Gooch
Supreme Court of Iowa
Appeal from Polk District Court. — Wm. H. McHenry, Judge. Action at law upon a promissory note made and executed by defendant to one T. J. Gooch, and by the latter assigned to plaintiff. The defense was that the note was executed and delivered on Sunday. The case was tried to the court, without a jury, resulting in a judgment dismissing the petition.» Plaintiff appeals.
1Opinion of the CourtDeemer, J.
' notes ^validity: 6X6Cution 0X1 Sunday with secular date: rights of as-The action is bottomed upon a note for $1,000, due one month after date. It is dated October 19, 1912, and bore interest at the rate of 8 per cent.
The defense is that, although the note bears a secular date, it was in fact executed and delivered on Sunday, the 20th of October, 1912. The defendants also averred that the note was transferred to the plaintiff after maturity, without any consideration passing from the assignee to the assignor thereof. Plaintiff, in reply, pleaded that the note in suit, with another, was given…
2Cases cited21 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Vinton v. PeckMichigan Supreme Court · 1866
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Adams v. GaySupreme Court of Vermont · 1847
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3Cited by7 opinions
- Dullard v. SchaferSupreme Court of Iowa · 1960
- Hofgesang v. SilverCourt of Appeals of Kentucky (pre-1976) · 1930
- Youngberg v. HolstromSupreme Court of Iowa · 1961
- Lanfier Ex Rel. Lanfier v. LanfierSupreme Court of Iowa · 1939
- Florida Nat. Bank Trust Co. v. BrownSupreme Court of Florida · 1949
2 more not listed; retrieve them via the Exa API.