Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 135State of Iowa, 1908 - Law reports, digests, etc |
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Common terms and phrases
action admissible adverse possession affirmed alleged amount answer appeal appellant appellee authority bank cause charged city of Fairfield claim Code conclusion condition contract contributory negligence conveyance corporation counsel county attorney court of equity Crahan damages death deceased decree deed defendant defendant's dence directed verdict District Court duty entitled equity error estoppel evidence executed fact Febure fendant filed ground held indorsed injury instruction interrogatories Iowa issue Judge judgment jurisdiction jurors jury land lease Leuth liability loan Mabon matter ment Moines mortgage motion negligence notice OCTOBER 21 opinion owner paid party payment person petition plaintiff pleaded premises prosecution purchase Purvis question quitclaim deed quo warranto Railway reason record reference Reversed rule Sandyville statute sufficient sustained tending to show testator testified testimony thereof thereto tion trial court trust verdict wife witness
Popular passages
Page 353 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 677 - Act, where a signature on a bill is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under...
Page 353 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Page 688 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 535 - In such state court at the time, or any time before the defendant Is required by the laws of the state or the rule of the state court In which such suit Is brought to answer or plead to the declaration or complaint of the plaintiff...
Page 60 - As evidence, which is manufactured by the party, they should be received with caution; but that is an objection which goes to the weight of the evidence and not to its admissibility, which is to be determined solely with reference to the foundation which has been laid for it.
Page 2 - Purvis' claim, that he was indebted to him (Purvis) for a commission growing out of the exchange. Upon these issues, and some others not now necessary to he stated, the case was tried to a jury, resulting in a verdict for defendant, and plaintiff appeals.
Page 29 - ... rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and a majority of the qualified voters of such county, city, or school district...
Page 677 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Page 316 - Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument.