Robinson v. Reed
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. Action upon a promissory note payable to Hugh Wallace or bearer. Recovery is sought against Reed as tbe maker of the note and against Rand as an indorser in blank at the execution of tbe instrument, being neither a payee, indorsee, assignee, or bolder of tbe paper. Reed made default and judgment was rendered against him thereon.
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Appeal from Pottawattamie Circuit Court. Action upon a promissory note payable to Hugh Wallace or bearer. Recovery is sought against Reed as tbe maker of the note and against Rand as an indorser in blank at the execution of tbe instrument, being neither a payee, indorsee, assignee, or bolder of tbe paper. Reed made default and judgment was rendered against him thereon. As a defense Rand set up that after tbe execution of tbe note, at tbe request of tbe payee, be wrote his name across the back of the instrument, and that without bis knowledge and consent, after he bad so indorsed tbe note, his…
1Opinion of the CourtBeck, J.
I. The record shows that this action was originally brought to recover of Rand as surety, and the original petition charges that he is liable in that form and sets out his indorsement of the note with the word Useeurity,> written over it. Peuding a former trial plaintiff amended his petition so as to charge Rand as an indorser in blank, and alleged that he had due notice of the non-payment of the note by the maker. Thereupon plaintiff erased the word “ seeurity ” from the indorsement and the cause was submitted to the jury upon the issues raised by defendant’s answer setting up alteration of…
2Cases cited2 opinions
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- Iowa Valley State Bank v. SigstadSupreme Court of Iowa · 1895
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