Legal Opinion

Beem v. Farrell

Supreme Court of Iowa

Decided October 23, 1907PublishedCited by 12 opinions

Appeal from Kossuth District Gourt.— Hon. W. B. Quarton, Judge. Action on a promissory note purporting to be signed by tbe defendants E. D. Farrell, Thomas Farrell, and Anna Farrell. The defendants answered jointly, and denied that they ever signed the note in suit, and assert that the same is a forgery.

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Appeal from Kossuth District Gourt.— Hon. W. B. Quarton, Judge. Action on a promissory note purporting to be signed by tbe defendants E. D. Farrell, Thomas Farrell, and Anna Farrell. The defendants answered jointly, and denied that they ever signed the note in suit, and assert that the same is a forgery. Further, they answer that the note is void because not stamped as required by an act of Congress relating to the revenue, in force at the time the note purports to have been executed. Trial was had to a jury, and there was a verdict in favor of Thomas Farrell, and in favor of plaintiffs as…

1Opinion of the CourtBishop, J.

To their answer the defendants attached interrogatories to be answered by plaintiffs relating to the matter of the execution and delivery of the note in suit. At the trial plaintiffs’ answers to these interrogatories were offered in evidence in their behalf, and admitted over defendants’ objection that they were incompetent, the plaintiffs being both present in court. After the answers to interrogatories were read, plaintiff Stephens was called as a witness in behalf of plaintiffs, and testified that an exhibit *672shown to him was the note referred to in his answers, and the exhibit was then…

2Cases cited10 opinions

  1. Moore v. HeldSupreme Court of Iowa · 1887
  2. Lanza v. LeGrand Quarry Co.Supreme Court of Iowa · 1904
  3. Branch Bank at Montgomery v. ParkerSupreme Court of Alabama · 1843
  4. State v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1902
  5. Harvey v. WielandSupreme Court of Iowa · 1902

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3Cited by12 opinions

  1. National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
  2. American Express Co. v. Peoples Savings BankSupreme Court of Iowa · 1921
  3. City Deposit Bank v. GreenSupreme Court of Iowa · 1908
  4. Beletti v. SchusterSupreme Court of Iowa · 1962
  5. Newark Finance Corp. v. AcocellaSupreme Court of New Jersey · 1935

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