Levi v. McCraney
Supreme Court of Iowa
This was an action commenced before a Justice of the Peace, by Levi vs. McCraney, on a promissory note. On the trial before the Justice, a jury was summoned, and a verdict was rendered for the plaintiff for the amount of the note, interest and cost — and judgment accordingly. From this judgment the defendant appealed to the District Court.
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This was an action commenced before a Justice of the Peace, by Levi vs. McCraney, on a promissory note. On the trial before the Justice, a jury was summoned, and a verdict was rendered for the plaintiff for the amount of the note, interest and cost — and judgment accordingly. From this judgment the defendant appealed to the District Court. On the trial of the appeal, the verdict was for the defendant; and thereupon the attorney for the plaintiff filed his bill of exceptions and brought the case to this court. The bill of exceptions stated that, on the trial, the counsel for the defendant…
1Opinion of the Court
BY THE COURT.
This action was brought on a promissory note given by defendant to plaintiff. On the trial below, the defendant offered to prove that a former suit had been instituted on the same note by one T. 0. Martin, in which there had been a verdict for the defendant. This evidence was admitted by the court, which is the basis of all the errors assigned in the case.
On the trial in this court, a written agreement was filed by counsel, by which it was mutually admitted that Martin, at the time he instituted the first suit above mentioned, was the assignee and legal owner of the note. If such…
2Cited by1 opinion
- Leslie v. BonteIllinois Supreme Court · 1889