Thorn v. Moore
Supreme Court of Iowa
Appeal from Jones District Court. This suit was brought upon three promissory notes and an account. Two of the notes were made by the defendant to plaintiffs or bearer, and payable in wheat or corn at the market price; and the other one was made by another and the defendant jointly, payable in the same manner to the plaintiffs or bearer.
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Appeal from Jones District Court. This suit was brought upon three promissory notes and an account. Two of the notes were made by the defendant to plaintiffs or bearer, and payable in wheat or corn at the market price; and the other one was made by another and the defendant jointly, payable in the same manner to the plaintiffs or bearer. The action, so. far as this last note was concerned, was dismissed before the cause was submitted to the jury, and no question is made in relation thereto. The account is for goods sold by the plaintiffs to the defendant, and the debit side thereof contains…
1Opinion of the CourtCole, J.
i. En-, cSSnt^tatuon°s1.limita‘ I. On the trial of this action the plaintiffs first.introduced the notes sued on, in evidence; and then introduced as a witness,'one of the plaintiffs who produced “their books of account,” and proved the facts required by the statute to make the same receivable in evidence. The books of account contained, the same items as the bill of particulars annexed' to the plaintiffs’ petitionbut there was no other proof by said witness, showing the account to have accrued within five years prior to the commencement of this suit. The plaintiffs then offered the books of…
2Cited by15 opinions
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