Winch v. Norman
Supreme Court of Iowa
Appeal from Harrison Oireuit Oov/rt. Action upon a promissory note. The defendant pleaded usury. In addition lie pleaded a counter-claim for damages alleged to have been sustained by tbe publication of a libel. Tbe jury found tbe note to be usurious in part. They also found that tbe defendant was entitled to damages upon bis counter-claim, and rendered a verdict for tbe defendant for $207.34. Judgment having been rendered upon tbe verdict, tbe plaintiff appeals.
1Opinion of the CourtAdams, J.
Tbe libel set up in - the defendant’s counterclaim is alleged to have consisted in a publication made by sending tbrougb tbe mail, to one Louisa Yandusen, a postal card in these words: “My friends tell me you put your name to a security bond for your neighbor. I should think that you bad enough of that business tbrougb life. He don’t own or bold a cent in bis name. Take your name off, sure. [Signed] E. E.”
There was no direct evidence that the plaintiff'wrote tbe postal card, but witnesses who were familiar with tbe plaintiff’s signature testified in substance that they thought that there was…
2Cases cited1 opinion
- Hyde v. WoolfolkSupreme Court of Iowa · 1855
3Cited by5 opinions
- Sankey v. CookSupreme Court of Iowa · 1891
- Archer v. United StatesSupreme Court of Oklahoma · 1900
- State v. WickettSupreme Court of Iowa · 1941
- Gaunt v. HarknessSupreme Court of Kansas · 1894
- Plymouth Saving & Loan Ass'n No. 2 v. KassingIndiana Court of Appeals · 1919