Sayre v. Wheeler
Supreme Court of Iowa
Appeal from Boone Ovreuit Court. Action upon, a promissory note signed by the defendant, of which the following is a copy: “ January 1st, 1860. $U4.84. One day after date I promise to pay A. T. Jenkins $14.84,-for value received, with ten per cent interest from date.” Indorsed as follows: “February 18, 1861, I assign the within note to P. A. Sayre, without recourse on me, A. T. Jenkins.”
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Appeal from Boone Ovreuit Court. Action upon, a promissory note signed by the defendant, of which the following is a copy: “ January 1st, 1860. $U4.84. One day after date I promise to pay A. T. Jenkins $14.84,-for value received, with ten per cent interest from date.” Indorsed as follows: “February 18, 1861, I assign the within note to P. A. Sayre, without recourse on me, A. T. Jenkins.” The defendant, for answer, averred, 1st, that the note was made in Missouri, on Sunday, and was void; 2d, asa set-off, that while Jenkins was owner of the note, he did work for him and delivered him…
1Opinion of the CourtCole, J.
l. promissory note: assignment of nonnegotiable paper: defenses. — I. The note sued upon is non-negotiable by the law-merchant, but under our statute is “ assignable by indorsement thereon, or by other ‘writing, and . . . ^ . . . the assignee shall have a right ol action m a ° » Jus own name, subject to any defense or set-off, legal or equitable, which the maker or debtor had against any assignor thereof before notice of his assignment.” Rev., § 1796.' The defendant pleaded a set-off which accrued to him against the payee of the note, Jenkins, while he was the owner and holder of it. It was…
2Cases cited5 opinions
- Pike v. KingSupreme Court of Iowa · 1864
- Bean v. BriggsSupreme Court of Iowa · 1857
- Reynolds ex rel. Haines v. StevensonIndiana Supreme Court · 1853
- Link v. ClemmensIndiana Supreme Court · 1845
- Towle v. LarrabeeSupreme Judicial Court of Maine · 1847
3Cited by10 opinions
- Troewert v. DeckerWisconsin Supreme Court · 1881
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- State v. RyersonSupreme Court of Iowa · 1955
- Gooch v. GoochSupreme Court of Iowa · 1916
- State v. MulhernSupreme Court of Iowa · 1906
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