Legal Opinion

Farmers Savings Bank v. Hansmann

Supreme Court of Iowa

Decided May 15, 1901PublishedCited by 6 opinions

Appeal from Lyon District Court. — Hon. William Hutchinson, Judge. This action was brought against the defendant as the indorser of a promissory note in terms payable to him, which contained the following clause: “The makers, indorsers, and guarantors of this note agree to pay a collection fee of ten per cent, of the amount due, if not paid at maturity, 1 or if suit is brought hereon, but in no case shall said fee be less than ten dollars, and consent that a justice of the…

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Appeal from Lyon District Court. — Hon. William Hutchinson, Judge. This action was brought against the defendant as the indorser of a promissory note in terms payable to him, which contained the following clause: “The makers, indorsers, and guarantors of this note agree to pay a collection fee of ten per cent, of the amount due, if not paid at maturity, 1 or if suit is brought hereon, but in no case shall said fee be less than ten dollars, and consent that a justice of the peace 'may have jurisdiction to the amount of three hundred dollars, and hereby severally waive presentment for payment,…

1Opinion of the CourtSherwin, J.

2 The controlling question before us is ■whether the defendant may show want of consideration for his indorsement of the note in suit. That the maker of a note may- impeach the consideration is well settled. It is a general rule that an indorsement is a contract, and that, like every other contract, it requires consideration; and it- is held that “between immediate parties the want of consideration invalidates it.” 3 Randolph, Commercial Paper (2d Ed.), section 691. If the defendant’s contention is true, his indorsement was without consideration, and made for the express purpose of…

2Cases cited11 opinions

  1. Wood v. MatthewsSupreme Court of Missouri · 1881
  2. Harrison v. McKimSupreme Court of Iowa · 1865
  3. Hazzard v. DukeIndiana Supreme Court · 1878
  4. Allin v. WilliamsCalifornia Supreme Court · 1893
  5. Kirkham v. BostonIllinois Supreme Court · 1873

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3Cited by6 opinions

  1. State Savings Bank of Logan v. OsbornSupreme Court of Iowa · 1920
  2. Bennett v. CommissionerUnited States Board of Tax Appeals · 1939
  3. Berry v. GrossSupreme Court of Iowa · 1921
  4. Monroe v. State Bank of Patch GroveWisconsin Supreme Court · 1923
  5. Northern Trust & Savings Bank v. EllwoodSupreme Court of Iowa · 1925

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