145 Iowa 417 | Iowa | 1910
The plaintiff alleged in his petition that the defendant had falsely and maliciously accused him of acts which amount to the crime of larceny of a paid promissory note, and that he intended thereby to charge the plaintiff with having committed such crime. The defendant was the administrator of the estate of one Philip G. Mohn at the time, and in his answer he alleged such fact, and, further, that in 1900 said Philip G. Mohn borrowed of bankers in Lisbon, Iowa, $300, for which he executed his promissory note, that when said note became due, the said maker thereof sent the money to the bank to pay the same by the plaintiff, and that the note was in fact paid, and, as the administrator believed, had been delivered to Philip G. Mohn before his death, and was in his possession at the time of his death. "Upon the trial the claim was made by the plaintiff that he had advanced the m'oney to take up the noté when it became due, under an agreement with the maker that he should do so, and hold the note until he was repaid the sum so advanced.
The appellant complains of the statement of the issues to the jury. They were not at all complicated, and we are of the opinion that the statement thereof in the language of the pleadings was sufficient. City of Fort Madison v. Moore, 109 Iowa, 479.
Complaints are made of two or three other instructions,
We find no error for which there should be a reversal, and the judgment is therefore affirmed.