Rindskoff Bros. v. Barrett
Supreme Court of Iowa
Appeal from Des Moines District Court. This action is upon a note assigned to plaintiff before maturity, payable “in currency.” By reference to 11 Iowa, 172, it will be found that tbe paper was held not to be negotiable, in the absence of some custom, to be averred and proved.
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Appeal from Des Moines District Court. This action is upon a note assigned to plaintiff before maturity, payable “in currency.” By reference to 11 Iowa, 172, it will be found that tbe paper was held not to be negotiable, in the absence of some custom, to be averred and proved. When the cause was remanded, plaintiffs replied to defendant’s answer, by averring that it was the intention of the parties, the maker and payee, to make said note negotiable, “and that by the custom of merchants, banks and business men, in the city of Burlington, where said note was executed and made payable, it is the…
1Opinion of the CourtWright, J.
The bill of exceptions recites that evidence was introduced tending to show that there was a custom among bankers, merchants and business men, in the city of Burlington, by which the note sued upon was negotiable, and several witnesses, viz.: W. P. C. and other citizens, who were bankers, merchants and business men, testified that there was such a custom. But some witnesses testified that they had lived' in Burlington many years, had had some opportunity to know if such custom did exist, but that they knew nothing of it. W. W. W. testified that he had been in the banking business for some ten…
2Cases cited2 opinions
- Smith v. WrightNew York Supreme Court · 1803
- Martin v. Delaware Ins.U.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by16 opinions
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- Frum v. KeeneySupreme Court of Iowa · 1899
- Sherwood v. Home Savings BankSupreme Court of Iowa · 1906
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Blizzard Bros. v. Growers' Canning Co.Supreme Court of Iowa · 1911
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