45 Iowa 194 | Iowa | 1876
I. We have carefully examined the evidence relied upon by appellant to show that there was an extension of time given for a consideration, without his knowledge or consent, and are of opinion that the court below correctly found for the plaintiff on that issue. There is a conflict in the evidence with, as we think, a preponderance against appellant. There being such conflict we could not disturb the finding of the court below under the rule so often announced here, even conceding the preponderance to be in appellant’s favor. II. It is insisted by counsel for appellant that as there was no reply to the answer, the allegations thereof should be
Affirmed.