Howells v. Patton
Supreme Court of Iowa
Appeal from, Jasper Disfy'ict Court. Action by ordinary proceedings upon two bills of exchange for $1,500 each, drawn by one Hooper upon Howells, Patton & 00., and by them accepted August 6, 1854, and afterward indorsed by tbe drawer to plaintiff, and also upon a promissory note executed by Said firm July 1, 1854, to plaintiff, for $858. Tbe said firm of Howells, Patton &p 0o., consisted of Israel P, Howells, tbe defendants Andrew Patton and Moses H. Xeever; Howells died…
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Appeal from, Jasper Disfy'ict Court. Action by ordinary proceedings upon two bills of exchange for $1,500 each, drawn by one Hooper upon Howells, Patton & 00., and by them accepted August 6, 1854, and afterward indorsed by tbe drawer to plaintiff, and also upon a promissory note executed by Said firm July 1, 1854, to plaintiff, for $858. Tbe said firm of Howells, Patton &p 0o., consisted of Israel P, Howells, tbe defendants Andrew Patton and Moses H. Xeever; Howells died before tbe commencement of this suit. The original petition made only Patton defendant, as surviving partner, but, by an…
1Opinion of the CourtBeck, J.
1. limitation, Stature of : evidence of defendant: pleading. I. The several errors assigned by appellant’s counsel may be resolved into these two, namely: First, the admission, under the state of the pleadings, x c> / of defendant Patton’s evidence, to prove that , the cause of action still justly subsists; second, in finding from the evidence that the cause of action still justly subsists, and rendering judgment for plaintiff. It is insisted by appellant’s counsel, that inasmuch as the *536plaintiff in his petition does not aver that he will show by the testimony of defendant that the cause of…
2Cases cited1 opinion
- Robey & Robey v. KnowltonSupreme Court of Iowa · 1867
3Cited by1 opinion
- McNitt v. HelmSupreme Court of Iowa · 1871