Veach v. Thompson
Supreme Court of Iowa
Appeal from Clayton District Court On the 4th day of September, 1861, John Thompson executed and‘delivered to one Martin Boyle or order, his note for $258.78, payable at six months, with interest, which, by the said Martin, was indorsed on the 6th of September, 1861, to Honora Boyle, who indorsed the same in blank to plaintiff. At th§. date of the note it was also indorsed in blank by Gr. L. Bass as guarantor.
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Appeal from Clayton District Court On the 4th day of September, 1861, John Thompson executed and‘delivered to one Martin Boyle or order, his note for $258.78, payable at six months, with interest, which, by the said Martin, was indorsed on the 6th of September, 1861, to Honora Boyle, who indorsed the same in blank to plaintiff. At th§. date of the note it was also indorsed in blank by Gr. L. Bass as guarantor. On the 7th of March, 1862, the note was legally protested for non-payment. In an action on the note, Thompson, the maker, and Bass tbe guarantor are sued. The defenses set up are,…
1Opinion of the CourtLowe, J.
We first consider plaintiff’s appeal founded upon exceptions taking to the overruling of his motion for a new trial, as against Thompson.
This motion was based mainly upon the refusal of the Court to give instruction No. 6, asked by the plaintiff, which reads as follows:
*382“ If you find that the notes sued on were obtained from the defendant Thompson by duress, and that the said notes were transferred before due, and that the plaintiff bought them in good faith, for a valuable consideration, without notice of the duress, your verdict should be for plaintiff against both defendants.”
The refusal to…
2Cited by5 opinions
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