State Bank v. Brewer
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. A. B. Thornell, Judge. Suit on two notes, one of two hundred dollars and the other of four hundred and sixty-five dollars. Defendant Brewer admits the execution of the two hundred dollar note as surety, but says that he was released therefrom by plaintiff, in consideration of his satisfaction of a mortgage held by him on the property of the other defendant, Bamsey.
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Appeal from Fremont District Court. — Hon. A. B. Thornell, Judge. Suit on two notes, one of two hundred dollars and the other of four hundred and sixty-five dollars. Defendant Brewer admits the execution of the two hundred dollar note as surety, but says that he was released therefrom by plaintiff, in consideration of his satisfaction of a mortgage held by him on the property of the other defendant, Bamsey. He also alleges that the four hundred and sixty-five dollar note had been executed by Ramsey and accepted by the bank before he (Brewer) signed it, and, therefore, his signature was…
1Opinion of the CourtLaud, J.
1 In the ordinary course of plaintiff’s business, memoranda were made on slips of paper at the time of the transactions, and from these slips its books were made up. Hall, the assistant cashier, testified that he made the entries in the books from the slips at the time of the transactions, and knew them to be correct. He was then permitted, over the objection of the defendant, to refresh his memory therefrom, and testify. On cross-examination he stated that he was simply testifying from the record, and not from memory. The ruling of the court, when made, was correct. If it appeared on…
2Cited by6 opinions
- Ambrose v. HackertSupreme Court of Iowa · 1950
- Hanson v. SchrickOregon Supreme Court · 1938
- Hanson v. City of AnamosaSupreme Court of Iowa · 1916
- Mayo v. HalleySupreme Court of Iowa · 1904
- Willis v. WeeksSupreme Court of Iowa · 1906
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