Whitaker v. Parker
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. Plaintiff claims to recover on several counts for work and labor done, money loaned, and on a promissory note. The petition shows that the promissory note covers the same demands set up in the counts of the petition for the other causes of action, and claims to recover but once on each separate cause of action, either upon the count of the note or upon the other counts. There was a verdict and judgment for plaintiff. Defendant appeals.
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Appeal from Mahaska Circuit Court. Plaintiff claims to recover on several counts for work and labor done, money loaned, and on a promissory note. The petition shows that the promissory note covers the same demands set up in the counts of the petition for the other causes of action, and claims to recover but once on each separate cause of action, either upon the count of the note or upon the other counts. There was a verdict and judgment for plaintiff. Defendant appeals. The court must judge of the admissibility of evidence and the jury of its sufficiency or character. (1 Greenl. on Ev., 57.)…
1Opinion of the Court
Beck, J.—
I. The answer of defendant put in issue plaintiff’s right to recover on each and all of the counts of the petition. The execution of the note, whicli is the foundation *586of orie count, was denied in the answer. Evidence to establish its execution was introduced by plaintiff, and was met by direct evidence of defendant in contradiction. The signature upon the note was compared with other signatures of defendant, admitted to be genuine, and witnesses, who were shown to be experts in determining questions of. this kind, testified for the defendant, declaring that in their opinion the name…
2Cases cited1 opinion
- Borland v. WalrathSupreme Court of Iowa · 1871
3Cited by25 opinions
- State v. ManlySupreme Court of Iowa · 1930
- Sankey v. CookSupreme Court of Iowa · 1891
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Hammond v. WolfSupreme Court of Iowa · 1889
- Toll v. Monitor Binding & Printing Co.Court of Appeals for the Eighth Circuit · 1928
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