Burlington Gas Light Co. v. Greene
Supreme Court of Iowa
Appeal from Des Moines District Court. Sun on a promissory note made by defendants to plaintiff. Defense, payment in the note of a third party. The plaintiff claims that such note was received as collateral only. Jury trial; verdict and judgment for defendants. The plaintiff appeals. The same cause has been once before in this court. 21 Iowa, 335.
1Opinion of the CourtCole, J.
1. new trial: conflicting testimony. I. On the return of the verdict by the jury, the plaintiff moved to set the same aside, for the reason, among others, that it was contrary to the evidence. This motion was overruled, and, upon such ruling, the plaintiff assigns error. There was iio error in overruling the motion on that ground. Two of the defendants testify that the plaintiff took the note of the third party in payment of the note sued upon ; while one of the plaintiff’s officers and stockholders testifies to the contrary, and that such note was only received as collateral; and another…
2Cited by1 opinion
- Keck v. Hotel Owners Mutual Fire InsuranceSupreme Court of Iowa · 1893