Hunt & Co. v. Higman
Supreme Court of Iowa
Appeal from Woodbury Girouit Court. Action on two promissory notes. Tbe defense pleaded was that defendant bad delivered to plaintiffs a promissory note executed by the Marsh Binder Manufacturing Company, and that it was agreed between the parties that plaintiffs should receive said note as payment on the note sued on, hut that they had neglected to credit the amount of said note thereon.
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Appeal from Woodbury Girouit Court. Action on two promissory notes. Tbe defense pleaded was that defendant bad delivered to plaintiffs a promissory note executed by the Marsh Binder Manufacturing Company, and that it was agreed between the parties that plaintiffs should receive said note as payment on the note sued on, hut that they had neglected to credit the amount of said note thereon. The case was tried to the court without the intervention of a jury, and there was a judgment for plaintiffs for the full amount of the notes. Defendant appeals.
1Opinion of the CourtReed, J.
I. Defendant moved the court to exclude certain portions of the evidence of a witness whose testimony 1. PRACTICE on appeal: presumptio n in favor of trial court: consideration of improper evidence not excluded. was taken by deposition. The objection was made when the deposition was offered to be read. The record shows that the ruling on the objection was reserved. The cause was taken under advisement by the court, and was decided at a subsequent term; but it does not appear that any ruling was made on the objection. A portion of the evidence objected to related to the consideration of the…
2Cases cited2 opinions
- Kephart v. ButcherSupreme Court of Iowa · 1864
- Steenburg v. Milford Water Power Improvement Co.Supreme Court of Iowa · 1884
3Cited by16 opinions
- Joyner v. UtterbackSupreme Court of Iowa · 1923
- Kitchen v. Stockman National Life Insurance Co.Supreme Court of Iowa · 1971
- Scottish-American Mortgage Co. v. DavisTexas Supreme Court · 1903
- Foster v. HinsonSupreme Court of Iowa · 1888
- Hunt v. TuttleSupreme Court of Iowa · 1904
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