Weiser v. Ross
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. F. C. Platt, Judge. The questions for. our consideration arise out of a counterclaim filed by defendant against plaintiff upon two promissory notes of $500 each, executed by plaintiff ,aud three others, payable to E. Ross or bearer, dated December 10, 1885, each due four years after date. Defendant claimed to be the owner of these notes, and asked judgment for the amount thereof against the plaintiff.
Read the full summary
Appeal from Buchanan District Court. — Hon. F. C. Platt, Judge. The questions for. our consideration arise out of a counterclaim filed by defendant against plaintiff upon two promissory notes of $500 each, executed by plaintiff ,aud three others, payable to E. Ross or bearer, dated December 10, 1885, each due four years after date. Defendant claimed to be the owner of these notes, and asked judgment for the amount thereof against the plaintiff. Plaintiff admitted the execution of the notes, but denied defendant’s ownership thereof. He. also pleaded a settlement, payment of the notes, and also…
1Opinion of the CourtDeemer, J.
We shall have some difficulty in stating the case with that clearness which is desirable. The execution of the notes being admitted, 'but defendant’s ownership thereof denied, it was incumbent on defendant to make at least a prima facie showing of ownership. She claims to have obtained title thereto by inheritance from her husband, E. Ross, the original payee of the notes, and in virtue of an assignment from her son Park, the only other survivor of her deceased husband. The notes were never treated as part of E. Ross’ estate, never inventoried by his executrix, or disposed of by him; but…
2Cases cited11 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Beeson v. GreenSupreme Court of Iowa · 1897
- Knott v. Dubuque & Sioux City Railway Co.Supreme Court of Iowa · 1892
- Beh v. BaySupreme Court of Iowa · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
- Woodworth v. Iowa Central Railway Co.Supreme Court of Iowa · 1914
- Durband v. NicholsonSupreme Court of Iowa · 1927
- Guarantee Mortgage & Finance Co. v. CoxSupreme Court of Iowa · 1925
5 more not listed; retrieve them via the Exa API.