Howells v. Patton
Supreme Court of Iowa
Appeal from, Jasper Disfy'ict Court. Action by ordinary proceedings upon two bills of exchange for $1,500 each, drawn by one Hooper upon Howells, Patton & 00., and by them accepted August 6, 1854, and afterward indorsed by tbe drawer to plaintiff, and also upon a promissory note executed by Said firm July 1, 1854, to plaintiff, for $858. Tbe said firm of Howells, Patton &p 0o., consisted of Israel P, Howells, tbe defendants Andrew Patton and Moses H. Xeever; Howells died…
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Appeal from, Jasper Disfy'ict Court. Action by ordinary proceedings upon two bills of exchange for $1,500 each, drawn by one Hooper upon Howells, Patton & 00., and by them accepted August 6, 1854, and afterward indorsed by tbe drawer to plaintiff, and also upon a promissory note executed by Said firm July 1, 1854, to plaintiff, for $858. Tbe said firm of Howells, Patton &p 0o., consisted of Israel P, Howells, tbe defendants Andrew Patton and Moses H. Xeever; Howells died before tbe commencement of this suit. The original petition made only Patton defendant, as surviving partner, but, by an…
1DissentWright, J.
(dissenting). — Entertaining, as I still do, the views expressed in Newfield v. Blawn (16 Iowa, 297), I, of course, have no difficulty in holding with the court below, upon the first point made by appellants, and referred to in the foregoing opinions. I am clear that to entitle a plaintiff to prove by the defendant himself as a witness that the cause of action still justly subsists, he need not do more than allege such just subsistence in his petition. It is not requisite to let in such proof that the pleader shall aver haw he will show the fact. Indeed, I believe that if the petition…
2Cases cited1 opinion
- Newfield v. BlawnSupreme Court of Iowa · 1864