Reports of Cases Argued and Determined in the Supreme Court of IowaGriggs, Watson & Day, 1870 - 696 páginas |
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Página 13
... endorsed in blank , may bring his action thereon against the maker . The statutory provision declaring that fraud may be set up against a note in the hands of an innocent assignee , does not apply to a note assigned before that statute ...
... endorsed in blank , may bring his action thereon against the maker . The statutory provision declaring that fraud may be set up against a note in the hands of an innocent assignee , does not apply to a note assigned before that statute ...
Página 14
... endorsed . The defendant can , under the plea of non est factum , introduce evi- * 10 dence of * fraud in the inception of the contract , and in obtaining the bond . 4 Esp . C. 9 , Basten v . But- ler ; 7 East . R. 479 ; Farnsworth v ...
... endorsed . The defendant can , under the plea of non est factum , introduce evi- * 10 dence of * fraud in the inception of the contract , and in obtaining the bond . 4 Esp . C. 9 , Basten v . But- ler ; 7 East . R. 479 ; Farnsworth v ...
Página 15
... endorsed to the beneficial holder men- tioned in the plaintiff's declaration . There is hardly a rule of law better established , than the actual holder of a promissory note , endorsed in blank , may bring his action against the maker ...
... endorsed to the beneficial holder men- tioned in the plaintiff's declaration . There is hardly a rule of law better established , than the actual holder of a promissory note , endorsed in blank , may bring his action against the maker ...
Página 17
... endorsed , he became , by the opera- tion of law , a party to an implied contract with the maker of the note . A contract which , at the time it was made , was valid and binding . The legislature cannot subse- quently come in and ...
... endorsed , he became , by the opera- tion of law , a party to an implied contract with the maker of the note . A contract which , at the time it was made , was valid and binding . The legislature cannot subse- quently come in and ...
Página 18
... endorsed in blank , suit might be brought in the name of the payee , for the use of the beneficial holder , but that in such a case , want of con- sideration would be a valid defence . We see no reason for a contrary course , sufficient ...
... endorsed in blank , suit might be brought in the name of the payee , for the use of the beneficial holder , but that in such a case , want of con- sideration would be a valid defence . We see no reason for a contrary course , sufficient ...
Otras ediciones - Ver todas
Reports of Cases Argued and Determined in the Supreme Court of Iowa Eastin Morris Vista completa - 1847 |
Términos y frases comunes
action of assumpsit aforesaid agreement alleged amount appears assumpsit attorney authority bill of exceptions bond brought cause cents CHIEF JUSTICE claim commissioners complainant contended contract costs counsel Court erred CURIAM damages debt decision declaration decree deed default defendant in error demurrer District Court dollars Dubuque Dubuque county endorsement error assigned evidence execution fact fendant filed fraud George W half-breed half-breed tract Huner indictment Iowa issue J. C. HALL James John judge Judgment affirmed jurisdiction legislature MASON ment mortgage motion Muscatine county ne exeat non est factum objection overruled parties payee payment person plaintiff in error plea pleaded possession proceedings promise promissory note prove public lands purchase record rule seal sheriff Snyder statute sufficient suit Supreme Court sustained term territory territory of Iowa testimony thereof tion trespass trial United verdict William Wilson witness writ of error
Pasajes populares
Página 3 - That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the state, contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited...
Página 3 - There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted...
Página 336 - An act to prevent settlements being made on lands ceded to the United States until authorized by law...
Página 3 - No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land...
Página 2 - ... the ordinance for the government of the territory northwest of the river Ohio...
Página 100 - States to direct the marshal, or officer acting as marshal, in the manner hereinafter directed, and also to take such other measures and to employ such military force as he may judge necessary and proper...
Página vi - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the Constitution and laws of the United States...
Página 99 - That if any person or persons shall, after the passing of this act, take possession of, or make a settlement on any lauds ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States...
Página 100 - States, or the claim to which lands, by such person or persons, shall not have been previously recognized and confirmed by the United States; or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled; or shall survey, or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or...
Página 86 - ... have hitherto wholly neglected and refused, and still do neglect and refuse — To the damage of the said plaintiff of one thousand, dollars, and therefore he brings his suit.