18 Iowa 143 | Iowa | 1864
It follows that if the facts are such, that the payee could not have recovered at the time the note was assigned to Balston, or at the time the latter gave notice of the assignment to the maker, then Balston cannot maintain an action. Therefore, as upon the facts found, Younker could not have maintained an action against the maker, (the note being without consideration, and obtained by fraud), so his assignee (Balston) cannot; conceding that the latter is entitled to the same rights that he would have had, if the action had been brought in his own name. Without quoting, see, as directly deciding or illustrating the principles above stated, Hedge v. Sealy, 9 Barb., 214; 2 Parsons on N. & B., 44 to 54; Edw. on B. & N., 286, 251, note; Franklin Bank v. Raymond, 3 Wend., 69; Jones v. Witter, 13 Mass., 305; Bocka v. Nuella, 28 Mo., 180; Id., 598; Temple v. Hays, Morris, 9; Long v. Long, Id., 43; Houghton v. Dodge, 5 Bosw., 326; Lackey v. Centes, 6 Id. (Eq.), 199; Sawgo v. King, 17 Mo., 301; Chitty on Bills and Notes, 227. Upon the facts found, the judgment should have been for tbe defendant. The cause will be remanded, that such a judgment may be entered.
Beversed.