Higley & Co. v. Newell
Supreme Court of Iowa
Appeal from General Term, Ninth District {Black Nawk Cou/rvty). Action on a promissory note, executed by one S. S. Hook and tbe defendant to tbe plaintiffs. Defense, that tbe note was executed by this defendant as surety for his co-maker, and when he was so intoxicated as to be unable to transact business. Trial to a jury; verdict and judgment for plaintiffs for the amount of the note. On appeal to the General Term the judgment was affirmed.
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Appeal from General Term, Ninth District {Black Nawk Cou/rvty). Action on a promissory note, executed by one S. S. Hook and tbe defendant to tbe plaintiffs. Defense, that tbe note was executed by this defendant as surety for his co-maker, and when he was so intoxicated as to be unable to transact business. Trial to a jury; verdict and judgment for plaintiffs for the amount of the note. On appeal to the General Term the judgment was affirmed. The defendant now appeals to this court. The further facts are stated in the opinion.
1Opinion of the Court
Cole, Ch. J.
l. practice: evidence. I. The issue of feet in this case was as to the condition of the defendant at the time he executed the note sued upon; that is, whether he was so nnconscious by reason of intoxication as to be unable to transact business or understand what he was doing. The defendant’s son was introduced as a witness on the part of the defense, and testified in chief. He was then cross-examined by plaintiffs’ counsel, and was asked, “ Did you hear the testimony of William Kerns ?” a witness who had before been examined, but whose testimony is not contained in the record. The…
2Cases cited1 opinion
- Lee & Co. v. BradwaySupreme Court of Iowa · 1868
3Cited by10 opinions
- Matthys v. DonelsonSupreme Court of Iowa · 1917
- Grignon v. ShopeOregon Supreme Court · 1921
- Bank of Monroe v. GiffordSupreme Court of Iowa · 1890
- Rutledge v. JohnsonSupreme Court of Iowa · 1979
- P. M. Lattner Manufacturing Co. v. HigginsSupreme Court of Iowa · 1923
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