Woerdehoff v. Muekel
Supreme Court of Iowa
Appeal from Dubuque District Court.— Hon. M. O. Matthews, Judge. This action was originally brought by plaintiff against defendant Muekel to recover possession of a promissory note for $2,500 alleged to have been executed by the intervener, plaintiff’s husbañd, to plaintiff, and wrongfully detained by defendant.
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Appeal from Dubuque District Court.— Hon. M. O. Matthews, Judge. This action was originally brought by plaintiff against defendant Muekel to recover possession of a promissory note for $2,500 alleged to have been executed by the intervener, plaintiff’s husbañd, to plaintiff, and wrongfully detained by defendant. Intervener sought to have the note surrendered by defendant to him on the ground that it had been materially altered, without his knowledge or consent, after execution and delivery, by the insertion of a figure in the blank left in the note for the rate of interest, so as to make it a…
1Opinion of the Court
McClain, C. J.—
The sole question to which counsel for appellant direct their argument is as to the sufficiency of the showing in the record of reasonable diligence on the part of defendant, prior to the. trial of the original action, in seeking to discover the evidence upon which he relied as constituting a ground for a new trial. The newly discovered evidence tended to show that at the time the note was executed by intervener in settlement of an action in which plaintiff, his wife, was seeking to secure a divorce, and for the purpose of inducing her to return and live with him, the…
2Cases cited8 opinions
- Chambliss v. HassSupreme Court of Iowa · 1904
- McGillivary Bros. v. CaseSupreme Court of Iowa · 1898
- Heathcote v. Haskins & Co.Supreme Court of Iowa · 1888
- Scott v. HawkSupreme Court of Iowa · 1898
- Hunter v. PorterSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frye v. GullionSupreme Court of Iowa · 1909
- Rockwell v. KetchumSupreme Court of Iowa · 1910
- Kenwood Lumber Co. v. ArmstrongSupreme Court of Iowa · 1924