Jamison v. Auxier
Supreme Court of Iowa
Appeal from Lucas District Qourt. — Hon. Frank W. Eichelberger, Judge." Action at law upon a promissory note, and to foreclose a real and chattel mortgage given by defendants to the First National Bank of Chariton, Iowa. Defendants pleaded payment of the note to one Crocker, the cashier of said bank. Plaintiff denied the payment, and also pleaded an estoppel upon defendants from insisting thereon.
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Appeal from Lucas District Qourt. — Hon. Frank W. Eichelberger, Judge." Action at law upon a promissory note, and to foreclose a real and chattel mortgage given by defendants to the First National Bank of Chariton, Iowa. Defendants pleaded payment of the note to one Crocker, the cashier of said bank. Plaintiff denied the payment, and also pleaded an estoppel upon defendants from insisting thereon. The case was tried to the court, resulting in a decree dismissing plaintiff’s petition. Plaintiff appeals. —
1Opinion of the CourtDeemer, C. J.
Aside from two questions relating to the competency of certain testimony, offered by the defendants, the case presents nothing but an issue of fact, and that simple issue arises by reason of the defense of payment.
1. Evidence:transactions with a decedent Defendant S. L. Auxier claims to have paid the note to one F. B. Orocker, who at that time was cashier of the First National Bank of Chariton, to which bank the notes and mortgages in suit were executed. He, was introduced as a witness, and permitted to testify, over plaintiff’s objections, to the payment, and to all the facts and…
2Cases cited3 opinions
- Reynolds v. Iowa & Nebraska InsuranceSupreme Court of Iowa · 1890
- Johnson v. JohnsonSupreme Court of Iowa · 1879
- Bellows v. LitchfieldSupreme Court of Iowa · 1891
3Cited by11 opinions
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- Barnett v. KempSupreme Court of Missouri · 1914
- Brenton Bros. & Leach v. HillSupreme Court of Iowa · 1924
- Ritland v. Security State Bank, RadcliffeSupreme Court of Iowa · 1964
- Union Assurance Society, Ltd. v. ReneerIndiana Court of Appeals · 1927
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