¶1Upon the question respecting the alleged fraud in obtaining the note, there was some little conflict in the evidence. the defendant, when on the stand as a witness, did not deny the genuineness of the signature; but testified that be never affixed or canceled the stamp, or authorized it to be done. But there was no conflict, whatever, in the evidence that plaintiff purchased the note on the 9th day of November, 1868, for a valuable consideration, and without notice of any fraud in its inception, or of any defense to it, and tbat it was then duly stamped and canceled. Blackwell v. Denie, 23 Iowa, 63. the verdict was, therefore, contrary to the evidence, and should have been set aside and a new trial granted. Reversed.
34 Iowa 601
Lake v. Streeter
Decided July 25, 1872
Supreme Court of Iowa · decided 1872-07-25
<p>PROMISSORY NOTE: POST-STAMPING.</p> <p>Action upon a note for $100, of date October 88, 1868, payable on tbe first day of October, 1869, to Alfred Ingalls or bearer, witb ten per cent interest; wbicb note, tbe plaintiff alleged was bis property. Tbe defendant, by answer, denied tbe genuineness of tbe signature, and averred, tbat, if it was genuine, tbe note was obtained by fraud; tbat be was not to pay it, except as fast as be sold seeders; and tbat tbe note bad been altered by affixing and canceling a stamp, etc. Trial to a jury; verdict and judgment for defendant. Tbe plaintiff appeals.</p>
Decided 1872-07-25