National Bank v. Green
Supreme Court of Iowa
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
- Hance v. MillerIllinois Supreme Court · 1859
- Huse v. HamblinSupreme Court of Iowa · 1870
- Bond v. BraggIllinois Supreme Court · 1855
- Franklin v. TwogoodSupreme Court of Iowa · 1868
- Chalmers v. MooreIllinois Supreme Court · 1859
3Cited by12 opinions
- Wade v. Chicago, Springfield & St. Louis RailroadSupreme Court of the United States · 1893
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Hanna v. HopeOregon Supreme Court · 1917
- Sykes v. Citizens' National BankSupreme Court of Kansas · 1908
- Andrews v. SimmsSupreme Court of Arkansas · 1878
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