Way v. Cross
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. H. E« Deemer, Judge. Action at law to recover upon an account. There was a trial by jury, and at the close of the introduction ,of the evidence on behalf of plaintiffs the court, on the defendants’ motion, directed the jury to return a verdict against the plaintiffs. From a judgment on the verdict so returned, the plaintiffs appeal.
1Opinion of the CourtRothrock, J.
The defendants are husband and wife. It appears that in March, 1892, J. A. Cross executed his promissory note to the plaintiffs for the sum of six hundred and fifty-four dollars, with interest at ■ eight per cent, per annum. After he made the note he deserted his family, and it is averred in the petition that his whereabouts is unknown to the plaintiff. No service of notice of the action was had upon him, and the only defense was made by his wife in her own behalf. She was not a party to the note, and the plaintiffs were not entitled to recover any amount from *259her upon the note, as such. It…
2Cases cited1 opinion
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
3Cited by3 opinions
- Younker Brothers v. MeredithSupreme Court of Iowa · 1934
- Gilmore v. WeisserSupreme Court of Colorado · 1920
- Martin Bros. v. VertresSupreme Court of Iowa · 1906