57 Iowa 506 | Iowa | 1881
II. Upon the trial the evidence showed very clearly that the amount computed by the parties to be due upon the note was $1,487.16. From that amount the plaintiff threw off $12.16. The next day he discoverd, as he claims, that they made a mistake of one year’s interest, to-wit, $140, and he so notified all the parties immediately. Evidence was introduced against the objection of the defendants tending to show such mistake. The objection was based upon the fact that the plaintiff did not allege such mistake in his petition.
But we think it was competent to show it as against the allegation of Strother & Conklin that the note had been fully paid, and as against the allegation of Day Bros, that the note had been settled.
Neither the articles of incorporation nor the by-laws of the elevator company were introduced in evidence, and we are not shown by what method the stock was to be transferred. But transfers are usually made, we believe, where a certificate has been issued, by some indorsement or assignment of the certificate, and surrender thereof to the company, and issuance of a new certificate to the assignee. The certificate issued to Day Bros, appears to be still outstanding, unindorsed, and unassigned. While this is so, we do not see how the company could properly issue a certificate of the same stock to another person. Strother & Conklin then had obtained no legal title to the stock, nor could they set up any equitable
In our opinion, there was no error in the rulings of the court.
Affirmed.