Wilkinson, Stetson & Co. v. Sargent

Supreme Court of Iowa

Wilkinson, Stetson & Co. v. Sargent

9 Iowa 521

CourtSupreme Court of Iowa

DecidedNovember 1, 1859

StatusPublished

Cited by1 cases

This text of 9 Iowa 521 (Wilkinson, Stetson & Co. v. Sargent) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilkinson, Stetson & Co. v. Sargent, 9 Iowa 521 (iowa 1859).

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Opinion

Woodward, J.

The instruction that the indorsement was prima facia evidence of the transfer of the note before due, was unquestionably correct, and the proof of payment to the payees was unavailing, unless the defendant could show that it was made before the transfer, or that the indorsement -was made after due, which he did not attempt.

It follows that the court did not err in rejecting the testimony. Neither was there any ground for granting a new trial.

The judgment is affirmed.

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Woodward, J.

The instruction that the indorsement was prima facia evidence of the transfer of the note before due, was unquestionably correct, and the proof of payment to the payees was unavailing, unless the defendant could show that it was made before the transfer, or that the indorsement -was made after due, which he did not attempt.

It follows that the court did not err in rejecting the testimony. Neither was there any ground for granting a new trial.

The judgment is affirmed.

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Bluebook (online)

9 Iowa 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkinson-stetson-co-v-sargent-iowa-1859.

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