Miller v. House
Supreme Court of Iowa
Appeal from Crawford Circuit Court. This is an action upon, a promissory note. The names of House & Laub are signed to the note, and it is made payable to the order of E. House, and endorsed to J. E. Miller, plaintiffs’ intestate. The defendant, Laub, denied the execution of the note, and set up other defenses, and pleaded certain counter-claims. There was a trial by jury, and a verdict for the defendants. Plaintiffs appeal.
1Opinion of the Court
Rothrock, Ch. J.
The deposition of E. House was taken, by the defendant Laub, in the state of Kansas. The witness was a partner in the firm of House & Laub. It appears from his evidence that the note in controversy was executed by House & Laub. It also very clearly appears therefrom that John E. Miller, deceased, never was the owner of the note, and that his administrators are not entitled to maintain an action thereon. Under the issues, it was necessary that plaintiffs should prove the execution of the note. They proposed to make this proof by reading to the'jury a part of the deposition of…
2Cases cited1 opinion
- Kilbourne v. Jennings & Co.Supreme Court of Iowa · 1875
3Cited by2 opinions
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Williamson v. HollowaySupreme Court of Oklahoma · 1918