93 Iowa 426 | Iowa | 1895
-I. The facts upon which plaintiff seeks to hold def endant liable, as stated .in the petition., are, in substance, as follows: That plaintiff is a corporation under the laws of Iowa, engaged in the business of- banking, and that on February 7, 1891, and prior thereto, defendant was cashier of said bank. That on the thirteenth day of September, 1890, one Bridgeman, to secure the payment of a note dated July 17,1890, payable to A. C. Freeman, the wife of defendant, executed and delivered to said Freeman a mortgage upon eighteen two-year-old steers, and on the first day of November, 1890, to secure tkie payment of a note of seven hundred and twenty-four dollars and fifty cents, payable to said A. C. Freeman, executed and delivered a mortgage upon twenty three-year-old steers. Said notes and mortgages were taken in the
II. It is said that the instructions are conflicting; that some of them are based upon facts of which there was no evidence, and upon matters as to which there was no issue. These objections are numerous, and we shall not undertake to treat of them in detail. We have examined the instructions with care, and find that most of the objections made to them are exceedingly technical, and without merit, and that the instructions, as a whole, fully and fairly submitted the case to the jury; nor do we discover any prejudicial error in them.
III. In the course of the trial, defendant offered in evidence, and it was received over plaintiff’s objection,
V. It is claimed that this case should be reversed upon the merits, that the evidence does not sustain the verdict, and that the verdict is contrary to some of the instructions. While, sitting as jurors, we might have reached a different conclusion, still we are not prepared to say that the verdict is not sufficiently sustained by-the testimony; nor do we think it is contrary to the instructions. We cannot rehearse the testimony; it is voluminous and conflicting. Owing to a dispute between counsel as to what the record contained, we have been compelled to resort to the transcript, which we have examined with much care, and reach the conclusion that the judgment below should be affirmed.