First National Bank of Marshalltown v. Wright

I. A principal ground of complaint by the appellant is based upon the action of the district •court in giving certain instructions involving an issue not presented by the pleadings, and in admitting evidence for its support. The execution and delivery of the note were admitted by the answer, and a total failure of consideration pleaded, as to which the court said to the jury:

“The defendant says that the consideration for said note was the purchase by the defendant Wright of 1. Pleading: evidence: instructions. the not for twenty thousand dollars, which has been introduced in evidence as…