Hicks v. Williams
Supreme Court of Iowa
Appeal from Appanoose District Court. — IIon. Frank W. Eichelbebgee, Judge. 1 Action by the administrator of Daniel Pence, deceased, against J. H. Williams, on a note executed by tbe latter as security with G. W. Randall as principal. Shortly before the trial, by amendment to the petition, Randall was made party defendant, though he was not served with notice, made no defense, and was then a resident of Arkansas.
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Appeal from Appanoose District Court. — IIon. Frank W. Eichelbebgee, Judge. 1 Action by the administrator of Daniel Pence, deceased, against J. H. Williams, on a note executed by tbe latter as security with G. W. Randall as principal. Shortly before the trial, by amendment to the petition, Randall was made party defendant, though he was not served with notice, made no defense, and was then a resident of Arkansas. Williams pleaded payment by Randall to an indorsee, J. A; Donover. The only evidence introduced was that contained in a deposition of Randall. The court directed a verdict for…
1Opinion of the CourtLadd, J.
2 An indorsement on the back of the note indicated its transfer to Donover, to whom it was asserted Ran■dall had made payment. After the latter had testified to his acquaintance with the parties and knowledge of Donover’s ownership of the note, he was asked, “Did you, while Mr. Donover held said note, pay him the amount due thereon?” On the objection that this called for the conclusion of the witness, the answer was excluded. This question involved the very issue the jury were to pass upon. An affirmative answer, if true, would have established the defense, and ended the controversy. It was…
2Cases cited21 opinions
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- Langworthy v. MyersSupreme Court of Iowa · 1856
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Miller v. Boone CountySupreme Court of Iowa · 1895
- Boothby v. BrownSupreme Court of Iowa · 1874
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3Cited by5 opinions
- Miller v. MillerSupreme Court of Iowa · 1912
- Frye v. GullionSupreme Court of Iowa · 1909
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1906
- Denmead v. ParkerSupreme Court of Iowa · 1910
- Strand v. BleakleySupreme Court of Iowa · 1932