Beh v. Van Ness
Supreme Court of Iowa
Appeal from Shelly District Court. — Earl Peters, Judge. Action upon two promissory notes, bearing date February 27, 1914, for $814.18 and $58.50, respectively, payable to plaintiff and signed by F. N. and M. J. Van Ness, husband and wife. Trial was had to a jury, which resulted in a verdict for the defendant, and plaintiff appeals. —
1Opinion of the CourtStevens, J.
— It is conceded that signatures to both notes were written by F. N. Van Ness, who was the husband of defendant, and who was deceased at the time of the commencement *152"of this action. The defendant denied the execution of the notes, and averred that, if the same were signed by her husband, no consideration was received therefor. At the conclusion of all the testimony, plaintiff moved the court to withdraw the issues of payment and want of consideration. The motion was sustained as to the issue of payment, but otherwise overruled.
The court submitted to the jury the issue of want of…
2Cases cited1 opinion
- Roberts v. RobertsSupreme Court of Iowa · 1916
3Cited by6 opinions
- Suske v. StrakaSupreme Court of Minnesota · 1949
- Insurance Agents, Inc. v. AbelCourt of Appeals of Iowa · 1983
- State v. HobbsSupreme Court of Iowa · 1961
- De Penning v. BedellSupreme Court of Iowa · 1950
- Persia Savings Bank v. WilsonSupreme Court of Iowa · 1932
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