Adae & Co. v. Zangs
Supreme Court of Iowa
Appeal from Wapello Circuit Court. This action was commenced, before a justice of tbe peace upon a draft, of which the following is a copy: “Cincinnati,-Ohio, Aug. 23, 1872. Ninety days after date, pay to the order of ourselves ninety-five dollars, value received, and charge' to account-of Mohr, Solomon & Mohr. To H. A. Zangs, Ottumwa, Iowa. Accept, H. A. Zangs.” This draft was indorsed “ Mohr, Solomon & Mohr.”
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Appeal from Wapello Circuit Court. This action was commenced, before a justice of tbe peace upon a draft, of which the following is a copy: “Cincinnati,-Ohio, Aug. 23, 1872. Ninety days after date, pay to the order of ourselves ninety-five dollars, value received, and charge' to account-of Mohr, Solomon & Mohr. To H. A. Zangs, Ottumwa, Iowa. Accept, H. A. Zangs.” This draft was indorsed “ Mohr, Solomon & Mohr.” Defendants, for answer, allege that the draft was given in consideration of intoxicating liquor sold to defendant in this state, .with intent to enable defendant to violate the law of…
1Opinion of the Court
Day, J. —
I. The first error assigned relates to the overruling of defendant’s motion to suppress parts of the deposition of Otto M. Adae.
This witness testified that he was discount clerk of the firm of O. F. Adae & Co., and that from memory he could .not state the time when plaintiff became the owner of the draft on which suit is brought.. Following this statement the deposition contained the accompanying questions and answers: “Int. 4. If you cannot state from your memory unaided, use any memorandum you may have to refresh your memory, *538and then state when plaintiff became the owner of the…
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