Morrison v. Myers
Supreme Court of Iowa
Appeal from Johnson District Court. Action on a promissory note executed by Myers & Turner, Lafayette Cheney and E. M. Wadley. Among other matters in defense, the defendants alleged that the note in suit had been paid by the execution of notes by John H. Myers, a member of the firm of Myers & Turner, at the request of the plaintiff, in payment of the note in suit. Issue joined by plaintiff’s replication.
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Appeal from Johnson District Court. Action on a promissory note executed by Myers & Turner, Lafayette Cheney and E. M. Wadley. Among other matters in defense, the defendants alleged that the note in suit had been paid by the execution of notes by John H. Myers, a member of the firm of Myers & Turner, at the request of the plaintiff, in payment of the note in suit. Issue joined by plaintiff’s replication. On the trial, a letter purporting to have been written by one Connell, a witness called by defendant, was shown to him on cross-examination. The bill of exceptions shows that he admitted that…
1Opinion of the CourtLoavb, C. J.
The rejection of Connell’s letter to Downey, another witness, under the circumstances, was not error. It could only be read as evidence for the purpose of impeaching Connell’s oral testimony. The proper foundation was not laid for this. It is true the letter was shown to him, and he admitted the hand writing and signature was his. But it does not appear that he read the same or that his attention was called to that part which it is claimed was in conflict with his testimony on the stand, so as to give him an oppor*540tunity to explain. Besides, a careful comparison of the contents of the letter…
2Cases cited1 opinion
- Grimes v. MartinSupreme Court of Iowa · 1860
3Cited by8 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. HaydenSupreme Court of Iowa · 1876
- Lightfoot v. PeopleMichigan Supreme Court · 1868
- Wills v. StateSupreme Court of Alabama · 1883
- People v. Ching Hing ChangCalifornia Supreme Court · 1887
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