Sharp v. Nelson
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. H. C. Traverse, Judge. Action upon a bill of exchange. Trial by jury. At the close of the introduction of the evidence, the court, on motion of the plaintiff, instructed the jury to return a verdict against the defendant. From a judgment on the verdict the defendant appeals.
1Opinion of the CourtEothrock, J.
I. We will first dispose of a motion of appellee to dismiss the appeal. The instrument upon which the suit is founded is for one hundred dollars with interest at eight per cent, per annum from 'December 9, 1889, and judgment for that amount was demanded in the petition. The plaintiff is an indorsee of the bill of exchange, and he paid ninety dollars therefor. The court instructed the jury to find a verdict for ninety dollars, with interest from the time of the purchase until the trial. By adopting that theory of the case, a verdict was returned for ninety-nine dollars and eighty-five cents;…
2Cases cited5 opinions
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- Bateman v. SissonSupreme Court of Iowa · 1886
- Wilson v. Hawkeye InsuranceSupreme Court of Iowa · 1888
- Angus v. ShannonSupreme Court of Iowa · 1882
- Giger v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890