Lay v. Wissman
Supreme Court of Iowa
Appeal from, Johnson Oi/rcuit Go%irt. Action upon a promissory note for $150 executed by defendant to J. L. Oory and W. Gr. Stone, and by them indorsed without recourse. The defendant answered under oath, denying that he signed the note sued on; denying that plaintiff is a Iona fide holder thereof; alleging that the same was obtained by fraud without any consideration, and that plaintiff paid therefor only the sum of $80. Trial by the-court. Judgment for plaintiff.
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Appeal from, Johnson Oi/rcuit Go%irt. Action upon a promissory note for $150 executed by defendant to J. L. Oory and W. Gr. Stone, and by them indorsed without recourse. The defendant answered under oath, denying that he signed the note sued on; denying that plaintiff is a Iona fide holder thereof; alleging that the same was obtained by fraud without any consideration, and that plaintiff paid therefor only the sum of $80. Trial by the-court. Judgment for plaintiff. Defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtDat, J.
1 evidence-of handwriting, — I. At the trial, three witnesses, upon a comparison of the signature in question with the genuine signature of defendant, testified that the note in question, in ^heir opinion, was signed by defendant.
The defendant testified that the signature was not his, though he admitted that he signed a contract constituting him agent for the sale of patent roofing cement.
Whatever may be the rule of the common law, there is no cn bt of the competency of this evidence under section 3997 of tn Revision of 1860.
The evidence being competent, its weight and effect is a question…
2Cases cited7 opinions
- Cardwell v. HicksNew York Supreme Court · 1862
- Gould v. SegeeThe Superior Court of New York City · 1856
- Youngs v. LeeNew York Supreme Court · 1854
- DeWitt v. PerkinsWisconsin Supreme Court · 1868
- Lisher v. PrattSupreme Court of Iowa · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Green v. WilkieSupreme Court of Iowa · 1896
- Farber v. National Forge & Iron Co.Indiana Supreme Court · 1894
- Hogg v. ThurmanSupreme Court of Arkansas · 1909
- Smith v. ArmstrongCalifornia Court of Appeal · 1927
7 more not listed; retrieve them via the Exa API.