Sherman v. Sherman
Supreme Court of Iowa
Appeal from Jasper District Qourt.— Hon. W. R. Lewis, Judge. Action on a promissory note for upward of seven thousand dollars, executed in 1880 by the defendant, and payable to the plaintiff, with interest at eight per cent., which note, the plaintiff alleged, had been obtained from him by the defendant by fraud. The defendant admitted the execution of the note, and pleaded that in 1886 the plaintiff had made a voluntary gift of the note to him.
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Appeal from Jasper District Qourt.— Hon. W. R. Lewis, Judge. Action on a promissory note for upward of seven thousand dollars, executed in 1880 by the defendant, and payable to the plaintiff, with interest at eight per cent., which note, the plaintiff alleged, had been obtained from him by the defendant by fraud. The defendant admitted the execution of the note, and pleaded that in 1886 the plaintiff had made a voluntary gift of the note to him. Trial by jury, verdict for the defendant, judgment, and the plaintiff appeals.
1Opinion of the CourtServers, C. J.
*137afnee: 6prior olintent.0113 *136— I. The defendant conceded in open court that the plaintiff was entitled to recover *137unless he succeeded in establishing that the note in controversy had been given to him, assumed the burden of such issue, and, to, sustain it, introduced evidence tending to show that, several times between the date of the note and the claimed gift, the plaintiff stated that he did not expect the defendant to pay the note, and that he expected to make him a gift of it. The evidence tended to show that the plaintiff and defendant had some conversation about other notes, and that the…
2Cases cited6 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Miller v. EatmanSupreme Court of Alabama · 1847
- Whitney v. WheelerMassachusetts Supreme Judicial Court · 1875
- Joyce v. HamiltonIndiana Supreme Court · 1887
- Whitwell v. WinslowMassachusetts Supreme Judicial Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gordon v. MunnSupreme Court of Kansas · 1912
- Gary v. Northwestern Mutual Aid Ass'nSupreme Court of Iowa · 1893
- Owens v. Iowa CountySupreme Court of Iowa · 1918
- Drefahl v. Security Savings BankSupreme Court of Iowa · 1906
- Pease v. JenningsMichigan Supreme Court · 1914