145 Iowa 654 | Iowa | 1910
Aside from two questions relating to the competency of certain testimony, offered by the defendants, the case presents nothing but an issue of fact, and that simple issue arises by reason of the defense of payment.
There is no showing of any estoppel in the case. Defendants have done or omitted nothing which caused plaintiff to change his position, or to go to any expense which he would not otherwise have incurred, save, perhaps, to bring suit on the note. The bringing of suit is not a fact, however, upon which to predicate a plea of estoppel.
We may conclude by saying that the note has been paid, or else defendants are not only willful perjurers, but also guilty of forgery as well. There is nothing in the record to justify this imputation. We are satisfied with the decree of the court below, and it is affirmed.