Richards v. Monroe
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. George Carson, Judge. Action upon a promissory note executed May 9, 1889, by the defendants for two hundred and four dollars, payable “to the order of B. A. Tyner,” six months after date, indorsed in blank by Tyner, and “without recourse” by C. E. Taylor. The plaintiff alleges that he became the owner thereof for value before maturity.
Read the full summary
Appeal from Fremont District Court. — Hon. George Carson, Judge. Action upon a promissory note executed May 9, 1889, by the defendants for two hundred and four dollars, payable “to the order of B. A. Tyner,” six months after date, indorsed in blank by Tyner, and “without recourse” by C. E. Taylor. The plaintiff alleges that he became the owner thereof for value before maturity. The defendants answered, admitting the execution of the note, denying that the plaintiff became owner thereof for value before maturity, and alleging that the note was procured from them by false and fraudulent…
1Opinion of the CourtGiven, J.
I. The appellant contends that it was error to overrule his motion to transfer the case to 1. Promissory Notes: fraud: jurisdiction. equity. The issues joined are “upon the allegations of fraud and want of considera-jq011 the nóte, and whether the appellant purchased it for value before due, without notice of the alleged fraud and want of consideration. These are triable at law. There was no demand for a reformation of either the note.or contract, or for any other equitable relief. The motion to transfer was properly overruled.
II. The appellant complains of the admission of certain testimony…
2Cases cited4 opinions
- Cook v. WeirmanSupreme Court of Iowa · 1879
- Lake v. ReedSupreme Court of Iowa · 1870
- Pond v. Waterloo Agricultural WorksSupreme Court of Iowa · 1879
- Lane v. EvansSupreme Court of Iowa · 1878
3Cited by10 opinions
- Scherer v. EverestCourt of Appeals for the Eighth Circuit · 1909
- Brown v. HoldenSupreme Court of Iowa · 1903
- Haden v. Sioux City & Pacific RailroadSupreme Court of Iowa · 1891
- J. L. Smathers & Co. v. Toxaway Hotel Co.Supreme Court of North Carolina · 1913
- Lehman v. PressSupreme Court of Iowa · 1898
5 more not listed; retrieve them via the Exa API.