Woodworth v. Anderson
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action upon a certificate of deposit made by tlie defendant as a private banker. By way of a second count, tbe plaintiff declares on account for money for which the certificate was given. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
The undisputed evidence in this case showed that the certificate was materially altered.' The court instructed the jury, in substance, that if the alteration was not fraudulent the plaintiff could recover upon the verbal contract out of which the certificate originated; but if the alteration was fraudulent the plaintiff could not recover. It also instructed the jury that the burden was upon the plaintiff to show that the alteration was not fraudulent. The defendant insists that, not only did the plaintiff fail to show that the alteration was not fraudulent, but that the undisputed evidence…
2Cited by4 opinions
- Hollingsworth v. HolbrookSupreme Court of Iowa · 1890
- Phillips v. W. A. Crips & BrotherSupreme Court of Iowa · 1899
- Berg v. PoeppelWashington Supreme Court · 1935
- Evans v. LawtonU.S. Circuit Court for the District of Eastern Missouri · 1888