Tolman v. Janson
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James I). Smytii, Judge. The plaintiff is the holder of four promissory notes, on which recovery is sought in this action.
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Appeal from Des Moines District Court. — Hon. James I). Smytii, Judge. The plaintiff is the holder of four promissory notes, on which recovery is sought in this action. The following is a copy of one of the notes, the others being the same except as to dates of payment: “$43.75. Chicago, April 1st, 1892. Thirty months after date, without grace, for value received, I promise of pay to the order of Jernberg & Kylander, forty-three 75-100 dollars in gold coin of the United States, with interest at six per cent, per annum, payable-annually, interest at seven per cent, after maturity, at the…
1Opinion of the CourtGranger, J.
1 *4572 3 *456The plaintiff put in evidence the notes sued on, and rested his case. Defendant then introduced evidence directed to his defense of a failure of consideration, and upon the submission of the case judgment was entered for defendant. The conclusion of the court could have been based on no other finding than that the notes were nonnegotiable, because of which the- plaintiff is not protected as an innocent holder of value. Being the holder of the notes, he has in his favor such a presumption, which must be ’overcome by proof, before the defense pleaded is available as against him.…
2Cases cited9 opinions
- Trustees of Iowa College v. HillSupreme Court of Iowa · 1861
- Bean v. BriggsSupreme Court of Iowa · 1857
- Hamilton v. SchoenbergerSupreme Court of Iowa · 1877
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- Hadley v. GregorySupreme Court of Iowa · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Perry National Bank v. EngnellSupreme Court of Iowa · 1924
- Newhall Savings Bank v. BuckSupreme Court of Iowa · 1924