Legal Opinion

Weis v. Morris Bros.

Supreme Court of Iowa

Decided May 20, 1897PublishedCited by 13 opinions

Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law upon a promissory note signed by Morris Bros., James Casady, John T. Hazen, R. W. Beebe, W. H. Knepker, F. H. Guanella, and M. Goodwin. Tke defendants Casady, Hazen, Knepker, and Guanella alone answer.

Read the full summary

Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law upon a promissory note signed by Morris Bros., James Casady, John T. Hazen, R. W. Beebe, W. H. Knepker, F. H. Guanella, and M. Goodwin. Tke defendants Casady, Hazen, Knepker, and Guanella alone answer. Tkeir answer presents tke following defenses: First, tkat after they kad signed tke note otker signatures were procured tkereto witkout tkeir knowledge or consent; second, tkat 1 tkey signed said note upon tke express condition tkat tke same skould be signed by Jokn C. Lee, W. B. Reed, and William Fitzgerald,…

1Opinion of the CourtKinne, C. J.

I. Morris was permitted to testify to conversations had between him and his co-defendants, wherein he told them who would sign the note as sureties with them in case they signed it. The evidence was objected to as incompetent and immaterial and hearsay, and the objection overruled, and an exception taken. The ruling was correct. The evidence tended directly to sustain one of the defenses pleaded, and, as there was evidence tending to show that plaintiff had knowledge of these conversations when he accepted the note, it was both competent and material.

2 II. On cross-examination of Morris, the…

2Cases cited6 opinions

  1. Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897
  2. Shelley v. SmithSupreme Court of Iowa · 1896
  3. Wood v. WhittonSupreme Court of Iowa · 1885
  4. Warren v. ChandlerSupreme Court of Iowa · 1896
  5. Barnhart v. FarrSupreme Court of Iowa · 1880

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ormsby v. GrahamSupreme Court of Iowa · 1904
  2. Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
  3. Reeves v. HowardSupreme Court of Iowa · 1902
  4. Reed v. City of MuscatineSupreme Court of Iowa · 1897
  5. Lacy v. County of KossuthSupreme Court of Iowa · 1898

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API