School District No. Two v. Rogers
Supreme Court of Iowa
Appeal from the Polk District Court. Suit upon a promissory note. The note is made payable to Hopkins, and others, by name, as school directors, and their successors in office, and the suit is brought in the name of the school district. On the trial, Hopkins was offered as a witness for the plaintiff, and permitted to testify.
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Appeal from the Polk District Court. Suit upon a promissory note. The note is made payable to Hopkins, and others, by name, as school directors, and their successors in office, and the suit is brought in the name of the school district. On the trial, Hopkins was offered as a witness for the plaintiff, and permitted to testify. It appeared in evidence, that the consideration of the note sued on, was a house and lot sold by the plaintiff to the defendant, a deed of conveyance of which was to be made by the plaintiff to the defendant, on the payment of the note. The court was asked to charge the…
1Opinion of the CourtStockton, J.
The first question is, whether Hopkins, as payee, was rightfully admitted as a witness for plaintiff. In the absence of any evidence, showing that the witness had a direct, certain, legal interest in the suit, we think the fact that the note was made payable to him and others, as school directors, does not show that he liad such an interest as to render him incompetent to testify, in a suit brought upon the note in the name of the school district. As school director, he was merely the agent, or trustee, of the dis*318trict; and though the payee of the note, was not the real party in interest.
In…
2Cases cited2 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Leonard v. BatesIndiana Supreme Court · 1822
3Cited by10 opinions
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Courtright v. DeedsSupreme Court of Iowa · 1873
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- Sayre v. MohneyOregon Supreme Court · 1896
- Winton v. ShermanSupreme Court of Iowa · 1866
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