109 Iowa 413 | Iowa | 1899
The plaintiff sold and delivered to W. H. Pottbast goods of the value of two hundred and seventeen dollars and sixty-eight cents, in 1895, and in this action recovery is sought on the ground that in making the purchase said Potthast was acting as agent of his father, the
The defendant’s liability depends on whether he or his son was owner1 of a stock in trade at Manning at the'time
II. Proof of the admissions and statements of defendant was admissible. Those were not offered as impeaching evidence, but as made by a party to- a suit, against his own
III. The objection to the minutes of evidence given by 'the defendant before the grand jury, and signed by him, was not well taken. Section 5258 of the Code requires minutes to be kept, and “when the evidence is taken it shall be read over to and signed by the witness.” These minutes are 'to be returned with and attached to the indictment, but “shall
IY. But it is urged that recovery cannot be had in this case because the principal has not been shown to have been unknown. The defendant and his son testified neither had ever mentioned the ownership of the property, and that the
V. The several motions of the appellant attacking the record require no attention. The notes in shorthand were
We conclude that judgment should have been entered against tbe defendant. — Reversed.