Plunkett v. Hopley

The note sued on is in ordinary form, dated and payable at Atlantic, Iowa, names plaintiff (J. R. Plunkett) as payee, and is signed by the defendant. Defendant, admitting he signed the note, alleges that it was given for a policy of insurance upon his life, and was secured by misrepresentation, on discovering which he rescinded the contract. The only evidence in the case is the note, and plaintiff’s statement in testimony that it was given for premium on a life insurance policy issued and delivered to defendant. Defendant moved for, and obtained, a directed verdict, on the ground that the…