Cleslie v. Frerichs
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. Soott M. Ladd, Judge. Action on promissory notes and on account for borrowed money. The answer is a general denial, and a denial of the genuineness of the signatures to the notes, and a plea of the statute of limitations. The cause was tried to a jury that returned a verdict for the defendant, and the court sustained a motion for a new trial. The defendant appealed.
1Opinion of the CourtGranger, J.
The only question before us is as to the sufficiency of the record to sustain the ruling of the district court in granting a new trial. The grounds of the motion which was sustained are the misconduct of the prevailing party and newlv-discovered evidence. The instruments in suit were executed in Germany, one of them being for three thousand marks, dated January 1, 1884. The issues involved the identity of the defendant as the party who signed the instrument. The plaintiff is a resident of Germany, and has never been in this country. His testimony is in the record, and he swears to having…
2Cases cited1 opinion
- First Nat'l Bank v. Wabash, St. Louis & Pacific R'y Co.Supreme Court of Iowa · 1883
3Cited by8 opinions
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Maland v. TesdallSupreme Court of Iowa · 1942
- Guth v. BellSupreme Court of Iowa · 1911
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Sheridan Bros. v. DealySupreme Court of Iowa · 1924
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