Cochran v. Glover

Decided January 15, 1843

Supreme Court of Iowa · decided 1843-01-15

Crawford Glover sued John Cochran, before a justice of the peace of Van Burén county, on a note of which the following is a copy: “ Twelve months after date I promise to pay A. J. Davis, or order, one hundred dollars for value received, to bear interest after due, at the rate of ten per cent, per annum ; for the payment of which I bind my heirs, &c., this seventeenth day of January 1840. “ Keosauqua, I. T. “A. w' HARLAN, [seal.”} Upon which note there were the following…

Decided 1843-01-15

¶1Per Curiam,

Mason, Chief Justice.

¶2The plaintiff in error seems to rely upon two points:

¶31. The plaintiff in the court below had no right to sue in his own name;

¶42. The justice of the peace had no jurisdiction.

¶5In regard to the first point, the only ground for an argument arises from the fact, that Cochran in assigning the note to Glover, only assigned sixty dollars thereof. Such an assignment, is, we think, sufficient to render him liable as an endorser to that amount; and that Glover had the same right to sue in his own name, as though the assignment had been unqualified.

¶6As to the question of jurisdiction, the point has been already settled in this court in the case of Hall vs. Biever*

¶7The judgment of the court below will therefore be affirmed.

¶8 Ante. page 113.