Smith v. Wagaman
Supreme Court of Iowa
Appeal from Marshall.District Oourt. Action upon a promissory note purporting to be executed by the defendant and one Triplett. The defendant denies the execution of the note upon his part. There was a trial by jury, and verdict and judgment were rendered for the defendant. The plaintiff appeals.
1Opinion of the CourtAdams, J.
1. PROMISSORY note: joint makers : evidence of execution. I. The note was given for money borrowed of the plaintiff by Triplett. At the time the note was delivered to the plaintiff it bore the name of the defendant John Wagaman as joint maker with -Triplett, but Wagamau’s name did not purport to be written by himself. The note bears the name of John Wagaman, with a cross appended as for his mark. For the purpose of showing that the name was written with Wagaman’s authority, and that the mark was made by him, the plaintiff was asked, when a witness upon the stand, what Triplett said about…
2Cases cited2 opinions
- Binns v. StateIndiana Supreme Court · 1877
- Felt v. AmidonWisconsin Supreme Court · 1877
3Cited by11 opinions
- Danner v. CooperSupreme Court of Iowa · 1932
- Boggess v. ReadSupreme Court of Iowa · 1891
- Carpenter v. Loetscher-Jaeger Mfg. Co.Supreme Court of Iowa · 1916
- Hardendorf v. GafnerWyoming Supreme Court · 1938
- Link v. Union Pac. Ry. Co.Wyoming Supreme Court · 1892
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