Dickerman v. Miner
Supreme Court of Iowa
Appeal from Winneshiek District Court. The plaintiff filed a petition claiming of defendants, Nelson Miner and Ira Johnson, the sum of $100 with ten per cent interest from January 19th, 1867, on a promissory note purporting to be made by them to Wm. N. Strong, and by said Strong indorsed to plaintiff, before due, and for a valuable consideration.
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Appeal from Winneshiek District Court. The plaintiff filed a petition claiming of defendants, Nelson Miner and Ira Johnson, the sum of $100 with ten per cent interest from January 19th, 1867, on a promissory note purporting to be made by them to Wm. N. Strong, and by said Strong indorsed to plaintiff, before due, and for a valuable consideration. The defendants filed their joint answer, alleging that since the execution of the note sued on, the date thereon had been altered from January 19th, 1870, to January 19th, 1867. The defendant, Miner, filed - his separate answer, alleging “ that at…
1Opinion of the CourtDay, J.
I. The very decided weight of authority is that the adding the name of another maker to a bill or note is a material alteration, such as will discharge the original parties not consenting thereto, without inquiry as to whether the alteration is 'injurious or beneficial to them. 2 Parsons’ Notes and Bills, pp. 556-560, and cases cited; Hall’s Administratrix v. McHenry, 19 Iowa, 521.
II. The signature of Johnson imports a sufficient consideration. Por aught that appears, he knew that Miner had no knowledge of the addition to the note. The law presumes that he knew the effect of his signature…
2Cases cited1 opinion
- Hall's Adm'x v. McHenrySupreme Court of Iowa · 1865
3Cited by20 opinions
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- State v. CraigSupreme Court of Iowa · 1882
- First National Bank v. CecilOregon Supreme Court · 1892
- Barnes v. Van KeurenNebraska Supreme Court · 1891
- Fairley v. FalconSupreme Court of Iowa · 1927
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