Johnson v. Barney & Co.
Supreme Court of Iowa
Appeal from the Dubuque District GourL' This action was brought on the following instrument; “$945. Certificate of Deposit,. No. 434.. “ Banking-house of W. J. Barney & Co. “ Dubuque, Iowar Aug. 18,1854. “ Hawthorne, Childs & Co., has deposited in our office, in currency funds, nine hundred and forty-five, 0-100 dollars,.payable to the order of themselves, on return of this certificate, thirty days from date.
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Appeal from the Dubuque District GourL' This action was brought on the following instrument; “$945. Certificate of Deposit,. No. 434.. “ Banking-house of W. J. Barney & Co. “ Dubuque, Iowar Aug. 18,1854. “ Hawthorne, Childs & Co., has deposited in our office, in currency funds, nine hundred and forty-five, 0-100 dollars,.payable to the order of themselves, on return of this certificate, thirty days from date. W. J. BakNET & Co.” On which are the following indorsements : . “ Bay to the- order of P. B. Ring, “ Hawthorne, Childs & Co.” “ Pay to the order of M.. Y. Johnson, “ P. B. Bing,, per H,…
1Opinion of the CourtWright, C. J.
That Hawthorne, Childs & Co., were the •agents of Ring in procuring this certificate, and that it was in fact his money that was deposited, and that the indorsement to him, was without consideration, is conclusively •shown by the testimony, which is -all embodied in the record. ■‘So that whether Ring was, or was not, an innocent holder, Is not - a matter of doubt, as it is clear that whatever fraud •or deception there was in the premises, was at his instance, :and designed for his benefit.
The first inquiry then is, was the plaintiff a bona fide holder for value, without notice, of the…
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