Wing v. Stewart
Supreme Court of Iowa
Appeal from Kossuth Circuit Cou/rt. This action was brought on a written contract whereby the defendants bound themselves to pay plaintiff for certain books, maps and charts, which they ordered him to deliver to the defendant, George Stewart.
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Appeal from Kossuth Circuit Cou/rt. This action was brought on a written contract whereby the defendants bound themselves to pay plaintiff for certain books, maps and charts, which they ordered him to deliver to the defendant, George Stewart. The answer admits the execution of the contract, but denies the delivery of the property. ■ It also alleges that the instrument has been altered, since its execution and delivery, in a material respect, without the consent of the makers; the alterations alleged being the insertion, in the body of the instrument, of a provision for the payment by…
1Opinion of the CourtNeed, J.
1. evidence fntroduotion strument: practice on appeal. On the trial plaintiff offered the contract in evidence. Defendants objected to its introduction on the : ground than its appearance indicated that it had been altered since its execution, and that plaintiff was not entitled to introduce it until this appear-A A anee was explained, and that there was no evidence tending in any manner to explain it. The court also instructed the jury that the burden of proving the alleged alterations was on the defendants. These rulings were excepted to at the time, and are now assigned as error.
It would…
2Cited by3 opinions
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- Shroeder v. WebsterSupreme Court of Iowa · 1893
- Potter v. KennellySupreme Court of Iowa · 1890