Legal Opinion

Williams v. Barrett

Supreme Court of Iowa

Decided December 12, 1879PublishedCited by 10 opinions

Appeal from Allamahee District. Court. Action upon a promissory note, executed by the defendants John T. Clark and Q. M. Barrett as makers, and payable to tbe order of the defendant O. J. Clark. O. J. Clark indorsed tbe note to IT. S. Weiser, now deceased, and waived demand and notice of non-payment. The plaintiffs are tbe administrators of the’estate of H. S. Weiser.

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Appeal from Allamahee District. Court. Action upon a promissory note, executed by the defendants John T. Clark and Q. M. Barrett as makers, and payable to tbe order of the defendant O. J. Clark. O. J. Clark indorsed tbe note to IT. S. Weiser, now deceased, and waived demand and notice of non-payment. The plaintiffs are tbe administrators of the’estate of H. S. Weiser. John T. Clark answered, admitting tbe execution of tbe note, and averring that tbe same was fully paid in tbe life-time ot IT. S. Weiser. O. M. Barrett answered t.liat be executed tbe note as surety for Jolm T. Clark, of which…

1Opinion of the CourtRothkock, J.

— I. Objections are made by counsel fori appellee, that the exceptions taken upon the trial and the assign* ment of errors are not sufficiently specific. Without referring ' to these objections in detail, it is sufficient to say that such exceptions and assignments of error as we have found it necessary to determine, are sufficiently made. We may remark that where’"exceptions are taken to instructions to the jury at the time they are given, the ground of the exception need not be stated. .... . , . .

*639II: The court instructed tbe jury upon the question of payment as follows:

i promissory niciu-…

2Cited by10 opinions

  1. In Re Estate of ConnerSupreme Court of Iowa · 1948
  2. Hogan v. SullivanSupreme Court of Iowa · 1901
  3. Clinton Savings Bank v. UnderhillSupreme Court of Iowa · 1901
  4. McCorkendale v. McCorkendaleSupreme Court of Iowa · 1900
  5. Frye v. GullionSupreme Court of Iowa · 1909

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