First National Bank v. Wise
Supreme Court of Iowa
Appeal from- Pottawattamie District Court. — Hon. Thomas Arthur, Judge. Action at law upon a promissory note made to the order of the "Wixel Manufacturing Company, of which plaintiff claims to be an innocent holder. The defendant admits the making of the note, but alleges that it was obtained by fraud and without consideration, and denies that plaintiff ever purchased or became the owner of the note, but received and holds the same with notice of the fraud in its inception.
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Appeal from- Pottawattamie District Court. — Hon. Thomas Arthur, Judge. Action at law upon a promissory note made to the order of the "Wixel Manufacturing Company, of which plaintiff claims to be an innocent holder. The defendant admits the making of the note, but alleges that it was obtained by fraud and without consideration, and denies that plaintiff ever purchased or became the owner of the note, but received and holds the same with notice of the fraud in its inception. There was a trial to a jury, which returned a general verdict for defendant. From the judgment entered on the verdict,…
1Opinion of the CourtWeaver, J.
I. The appellant’s first proposition is that defendant failed to produce any testimony tending to show that the note was procured by fraud or without consideration and that, because of such failure of proof, the court erred in refusing to direct a verdict for plaintiff.
In this respect, we find no error in the record. The evidence tends to show that the note in suit was given for shares of stock in the Wixel Manufacturing Company, and that the deal was negotiated by one Harold Wixel, acting for the corporation named. It also tends to show that Wixel made various representations to defendant to…
2Cases cited2 opinions
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- McNight v. ParsonsSupreme Court of Iowa · 1907
3Cited by11 opinions
- Pixler v. ClemensSupreme Court of Iowa · 1923
- Henderson v. BallSupreme Court of Iowa · 1922
- Albrecht v. RathaiSupreme Court of Minnesota · 1921
- In Re Will of BehrendSupreme Court of Iowa · 1943
- Lambertson v. National Investment & Finance Co.Supreme Court of Iowa · 1925
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