Ashworth v. Grubbs
Supreme Court of Iowa
Appeal from Lmn Ovreuib Cov/rb. The defendant is administrator of the estate of Louisa Walton, deceased. The plaintiff filed as a claim against said estate a promissory note for $1,000, purporting to have been executed by said Louisa-Walton on the 15 th day of March, 1871, and payable to the plaintiff, or bearer, in two years from ■date. . The defendant answered the claim, denying that said Louisa Walton executed said promissory note, and alleging that, if the said note was…
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Appeal from Lmn Ovreuib Cov/rb. The defendant is administrator of the estate of Louisa Walton, deceased. The plaintiff filed as a claim against said estate a promissory note for $1,000, purporting to have been executed by said Louisa-Walton on the 15 th day of March, 1871, and payable to the plaintiff, or bearer, in two years from ■date. . The defendant answered the claim, denying that said Louisa Walton executed said promissory note, and alleging that, if the said note was ever signed by her, her signature was obtained by fraud and deceit, and without a knowledge of the contents of ■said…
1Opinion of the CourtRotiieock, J.
1.practice: oioseV'error1 udíce.utpieí" I. The first point urged in argument is that the court erred in giving the defendant the opening and close in introducing the evidence, and in the argument to the jury. If we were to concede that this an. tion of the court was erroneous we are unable to discover any prejudice to the plaintiff resulting therefrom. There must be a clear case of .prejudice, to justify a-reversal upon this ground. Goodpaster v. Voris, 8 Iowa, 335; Smith et al. v. Coopers & Clarke, 9 Id., 376; Woodward v. Laverty 14 Id., 381; Fountain, v. West, 23 Id., 14; Preston v. Walker,…
2Cases cited1 opinion
- Peck v. MckeanSupreme Court of Iowa · 1876
3Cited by14 opinions
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Hicks v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1914
- Quinn v. Mutual Benefit Health & Acc. Ass'n of OmahaSupreme Court of Iowa · 1952
- City Bank of Mitchellville v. AlcornSupreme Court of Iowa · 1920
- Lankhorst v. Union Fire InsuranceSupreme Court of Iowa · 1945
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