Tullis v. McClary
Supreme Court of Iowa
Appeal from, Mahaska District Court.— Hon. Byron W. Preston, Judge. Action on a promissory note, aided by attachment. Tbe defendants, in tbeir answer, because of want of information, denied that plaintiff was owner of tbe note, and by way of counterclaim alleged tbat tbe writ of attachment was sued out wrongfully and maliciously, and prayed judgment for damages. Judgment by default was entered on tbe note, and tbe counterclaim dismissed.
Read the full summary
Appeal from, Mahaska District Court.— Hon. Byron W. Preston, Judge. Action on a promissory note, aided by attachment. Tbe defendants, in tbeir answer, because of want of information, denied that plaintiff was owner of tbe note, and by way of counterclaim alleged tbat tbe writ of attachment was sued out wrongfully and maliciously, and prayed judgment for damages. Judgment by default was entered on tbe note, and tbe counterclaim dismissed. Subsequently a motion to set aside tbe dismissal of tbe counterclaim was sustained, but overruled in so far as it sought tbe same relief as to tbe judgment…
1Opinion of the CourtLadd, J.
Tbe only issue raised by tbe answer was whether plaintiff owned tbe note sued on.' She Was tbe payee named therein, and its production, without’ indorse*495ment, for cancellation upon the entry- of judgment was sufficient evidence of ownership.
As the plaintiff was put to her proof merely by a denial based solely on want of information, in the absence ■of any claim that the facts were otherwise, the court did not err in declining to set aside the judgment entered by •default for the amount due.
The dismissal of the counterclaim was set aside, and upon the introduction of defendant’s evidence a…
2Cited by5 opinions
- American Express Co. v. Peoples Savings BankSupreme Court of Iowa · 1921
- National Motor Service Co. v. WaltersIdaho Supreme Court · 1963
- Brandtjen & Kluge, Inc. v. ManneyCourt of Appeals of Texas · 1951
- Security Savings Bank v. CappSupreme Court of Iowa · 1922
- Gordon v. Kentucky Midland Coal Co.Tennessee Supreme Court · 1925