Legal Opinion

National Bank v. Green

Supreme Court of Iowa

Decided December 21, 1871PublishedCited by 12 opinions

Appeal from Clinton Circuit Court. The plaintiff claims of defendant the amount of a promissory note of §500 payable to the order of defendant, and indorsed by him in the words and figures following, to wit: “ Pay to H. J. Perrin or order; and for value received I hereby guarantee the payment of the within note, E. V. Green.” “ Pay National Bank of Michigan or order, JL J. Perrin.”

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Appeal from Clinton Circuit Court. The plaintiff claims of defendant the amount of a promissory note of §500 payable to the order of defendant, and indorsed by him in the words and figures following, to wit: “ Pay to H. J. Perrin or order; and for value received I hereby guarantee the payment of the within note, E. V. Green.” “ Pay National Bank of Michigan or order, JL J. Perrin.” The petition alleged the non-payment of the note, that Stephen B. Cogswell, the maker, was, and had been since the making of the note a resident of the State of Illinois ; that both of said indorsements wore made…

1Opinion of the Court

Day, Ch. J.

*1441. Pleading: sufficiency of counts. *143It is to be observed that the answer contains two distinct counts, alleging matters which are relied *144upon by tbe defendant as distinct defenses to tbe claim of tbe petition. This is apparent from the form of the answer, the second count of which begins as follows: “ And for a further and second defense: ” the facts alleged in the first count are pleaded as a complete defense, and those in the second count as a partial defense, diminishing the amount of recovery from the sum named in the notes to the amount paid the indorser thereof. Each of these…

2Cases cited5 opinions

  1. Hance v. MillerIllinois Supreme Court · 1859
  2. Huse v. HamblinSupreme Court of Iowa · 1870
  3. Bond v. BraggIllinois Supreme Court · 1855
  4. Franklin v. TwogoodSupreme Court of Iowa · 1868
  5. Chalmers v. MooreIllinois Supreme Court · 1859

3Cited by12 opinions

  1. Wade v. Chicago, Springfield & St. Louis RailroadSupreme Court of the United States · 1893
  2. Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
  3. Hanna v. HopeOregon Supreme Court · 1917
  4. Sykes v. Citizens' National BankSupreme Court of Kansas · 1908
  5. Andrews v. SimmsSupreme Court of Arkansas · 1878

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