Sankey v. Trump
Supreme Court of Iowa
Appeal from Lee Circuit Gowrt. Action on a promissory note purporting to be executed by defendants. Trial by the court. Judgment for plaintiff against George Trump only. Plaintiff appeals. The facts necessary to an understanding of the questions involved are stated in the opinion.
1Opinion of the CourtMiller, J.
I. Thé answer of the defendants is joint,' and denies the “ execution and delivery of the note ” sued on, and is sworn to by George Trump, one of the defendants. The court below found that George Trump did execute the note,' and rendered judgment against him accordingly, but that George Trump, Jr., did not execute it. Appellant’s counsel insists that under the statute, the signature of George Trump, Jr., not being denied by him under oath, “ it is to be deemed genuine and admitted,” and cannot be contradicted, and he cites Loomis & Leroy v. Metcalf & Fuller, 30 Iowa, 382. The question there…
2Cases cited2 opinions
- Lake v. CruikshankSupreme Court of Iowa · 1871
- Loomis & Leroy v. Metcalf & FullerSupreme Court of Iowa · 1870
3Cited by4 opinions
- Brayley v. HedgesSupreme Court of Iowa · 1879
- Ainsworth Savings Bank v. ColthurstSupreme Court of Iowa · 1923
- Thorn v. HambletonSupreme Court of Iowa · 1910
- Quaas v. QuaasSupreme Court of Iowa · 1958