Danforth v. Sterman
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. Action on a promissory note, made by defendant to S. W. Stark, and by the payee assigned to plaintiff. Defense, failure of consideration, and fraud in the inception of the note. Plaintiff in reply alleged that he was a bona fide holder for value and that the note was not subject in his hands, to the defenses pleaded.
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Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. Action on a promissory note, made by defendant to S. W. Stark, and by the payee assigned to plaintiff. Defense, failure of consideration, and fraud in the inception of the note. Plaintiff in reply alleged that he was a bona fide holder for value and that the note was not subject in his hands, to the defenses pleaded. On the issues joined, the case was tried to a jury, resulting in a verdict for plaintiff, upon which judgment was rendered, and defendant appeals. —
1Opinion of the CourtDeemer, J.
1- instilments: fty? memoranBy its terms the note in suit was due June 1, 1911, and it was transferred to plaintiff on May 18th of that year. In the lower left-hand comer of the note, and in the margin, after what we understand was a printed word “due,” was written the word and figures “May 15,1911,” making the sentence read, “Due May 15, 1911,” which, if correct, was before the transfer of the note. Defendant insists that this memorandum became a part of the note and is controlling as to its maturity, and that the court erred in instructing the jury that the instrument matured June 1, 1911.…
2Cases cited3 opinions
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Carr v. WelchIllinois Supreme Court · 1867
- Way v. BatchelderMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- In Re Estate of FeldmanIllinois Supreme Court · 1944
- Huth v. HuthCourt of Appeals of Texas · 1937
- Bank of Cedar Bluffs v. BeckNebraska Supreme Court · 1935
- Fales v. WilsonSupreme Judicial Court of Maine · 1922
- VanZele v. SmaltzAppellate Court of Illinois · 1943