Cook v. Weirman
Supreme Court of Iowa
Appeal from Story Circuit Cou/rt. Action upon a negotiable promissory note, executed by the defendant to C. Gillespie & Co., and by them transferred for . value, before maturity, to the plaintiff. The defendant, for answer, avers that the note was given for a policy of insurance issued to him by the payees of the note, and that the note is uncollectible and void because the insurers were not authorized to transact the business of insurance in the State of Iowa.
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Appeal from Story Circuit Cou/rt. Action upon a negotiable promissory note, executed by the defendant to C. Gillespie & Co., and by them transferred for . value, before maturity, to the plaintiff. The defendant, for answer, avers that the note was given for a policy of insurance issued to him by the payees of the note, and that the note is uncollectible and void because the insurers were not authorized to transact the business of insurance in the State of Iowa. He further avers that the plaintiff took the note with knowledge that the same was illegal and void. A jury was called and the…
1Opinion of the CourtAdams, J.
l. pitoanssoKv given for insurance: innocent holder, — I. C. Gillespie & Co., the payees of the note, were employed by the defendant to erect lightning conductors for him upon his buildings in Story county. They at the same time entered into a written agree- .... ° ment with him whereby they warranted him against damage by lightning to the buildings during the term *562of ten years. For such lightning conductors, accompanied by such warranty, the defendant gave the note in suit, it being for one hundred and six dollars and forty cents. The defendant insists that the warranty was in effect a…
2Cases cited2 opinions
- Gage v. SharpSupreme Court of Iowa · 1867
- Lake v. ReedSupreme Court of Iowa · 1870
3Cited by10 opinions
- Washer v. SmyerTexas Supreme Court · 1919
- New v. WalkerIndiana Supreme Court · 1886
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Credit Industrial Company v. Happel, Inc.Supreme Court of Iowa · 1960
- Lehman v. PressSupreme Court of Iowa · 1898
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