Loomis & Leroy v. Metcalf & Fuller
Supreme Court of Iowa
Appeal from Delaware District Court. The plaintiffs, in their petition, state that they are partners ; that on the 15th day of April, 1869, the defendants made their joint and several promissory notes to one H. A. Johnson, as follows: “April 15,1869. On or before the 1st day of January, 1870, for value received, we, of H. Green and Union Tp., county of Delaware, State of Iowa, promise to pay H. A. Johnson, or bearer, $200 at Independence, it being for the profits on eight…
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Appeal from Delaware District Court. The plaintiffs, in their petition, state that they are partners ; that on the 15th day of April, 1869, the defendants made their joint and several promissory notes to one H. A. Johnson, as follows: “April 15,1869. On or before the 1st day of January, 1870, for value received, we, of H. Green and Union Tp., county of Delaware, State of Iowa, promise to pay H. A. Johnson, or bearer, $200 at Independence, it being for the profits on eight seeders, with interest at ten per cent per annum. (Signed) “ Warren Metoalf. “T. D. Fuller. “ Signed in presence of—…
1Opinion of the CourtMiller, J.
We do not find by the appellants’ abstract of the record that any exception was taken at the time to the giving of the instruction complained of, and, therefore, we will not pass upon it.
The overruling of plaintiffs’ motion for a new trial was duly excepted to, and we are clearly of opinion that the ruling was erroneous. There was no sufficient evidence to sustain either the general or special findings of the jury.
In the special verdict the jury find, first, that the defendants did not sign and deliver the note in question.
In the first place the signatwres were not denied under oath. They…
2Cases cited1 opinion
- Kelly v. FordSupreme Court of Iowa · 1856
3Cited by2 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Sankey v. TrumpSupreme Court of Iowa · 1872