Able & Co. v. Frazier
Supreme Court of Iowa
Appeal from Henry District Court. This is an appeal from an order granting a new trial. The plaintiffs brought suit against the defendant on an account for lumber sold and delivered to him. The defendant answered that he paid the plaintiffs on the account $200 in money, and gave them also an order drawn on them in his favor for the sum of $200, which was accepted by them to be applied on the account.
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Appeal from Henry District Court. This is an appeal from an order granting a new trial. The plaintiffs brought suit against the defendant on an account for lumber sold and delivered to him. The defendant answered that he paid the plaintiffs on the account $200 in money, and gave them also an order drawn on them in his favor for the sum of $200, which was accepted by them to be applied on the account. On the trial the plaintiffs testified that the said payments were applied for other. lumber used in building a school house, for which lumber defendant had become liable. The. defendant in his…
1Opinion of the CourtAdams, J.
I. We are inclined to think that the defendant did not use due diligence in the discovery of the new evidence.
í new trial?iíeCsupreme eorn-t. The record shows that it was several days from the beginning to the end of the trial. The question as to the applica^011 of the payments on the school house lumber was raised tke first day. The source of defendant’s proper evidence to disprove the alleged application, to-wit: the school district officers and receipts, must have been suggested to his mind on that day. Those officers and receipts were not more than fifteen miles distant. No effort was…
2Cited by6 opinions
- Halstead v. HortonWest Virginia Supreme Court · 1894
- State v. EvansOregon Supreme Court · 1920
- Devine v. WellsSupreme Court of Missouri · 1923
- Roe v. SnyderWashington Supreme Court · 1918
- Morrow v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
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