Mullong v. Mullong
Supreme Court of Iowa
Appeal ¡rom Plymouth District Court. — William Hutchinson, Judge. Action upon two promissory notes. Defendant pleaded payment of one note, and admitted the execution and delivery of the other; and, for the amount thereof,( with interest and costs, offered to confess judgment. The case was tried to the court without a jury, resulting in a judgment for the amount of both notes.
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Appeal ¡rom Plymouth District Court. — William Hutchinson, Judge. Action upon two promissory notes. Defendant pleaded payment of one note, and admitted the execution and delivery of the other; and, for the amount thereof,( with interest and costs, offered to confess judgment. The case was tried to the court without a jury, resulting in a judgment for the amount of both notes. Thereafter, and.within due season, .defendant filed a motion for a new trial, based on newly discovered testimony. The trial court denied the motion, and defendant appeals.
1Opinion of the CourtDeemer, J.
x new trial ■ em?evidence: diligence. Defendant testified, on the trial, to the payment in cash of the first note; and this, the plaintiff sqnarely denied. Some other testimony was adduced, but this was addressed almost wholly to collateral matters, ln his original testimony, defendant made no reference to any receipt’s having been given him by plaintiff. Three days after judgment was rendered, defendant filed a motion for a new trial, based upon newly discovered testimony, this testimony being a receipt for the amount of the first note, purporting to be signed by plaintiff. This receipt does…
2Cases cited6 opinions
- Guth v. BellSupreme Court of Iowa · 1911
- Bullard v. BullardSupreme Court of Iowa · 1900
- State v. LowellSupreme Court of Iowa · 1904
- Turley v. GriffinSupreme Court of Iowa · 1898
- Eggert v. Interstate Investment & Development Co.Supreme Court of Iowa · 1910
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3Cited by11 opinions
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- Zarneke v. KitzmanSouth Dakota Supreme Court · 1921
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