14 Iowa 160 | Iowa | 1862
A petition for a new trial, filed agreeably to the provisions of § 3116 of the Revision of 1860, under the following circumstances:
The defendant, Ferron, held a note secured by mortgage of $850.00 against the plaintiff, upon which was indorsed three credits; two of these were for $200 each, and the third was for $300. Ferron, on filing his petition to foreclose said mortgage for the balance due thereon, alleges that the last credit of $300 was erroneous and should have indorsed for $100 only; that the same was written by the said Sturgeon and signed by him without reading, supposing it to be for the amount actually paid. This allegation being denied, the question thus raised was submitted to a jury who found in favor of Ferron, for the amount of whose claim a judgment was rendered less the credit of $300, instead of $100. Some seventeen days after the adjournment of the court, under the right and privilege conferred upon him by the above-named section of the Revision, Sturgeon filed his petition in this case for a new trial, upon the ground of evidence discovered since the adj our nment of the court, and which could not with reasonable diligence have been discovered before. The petition states that since the trial he learned that his son, David Sturgeon, then living with the petitioner, was in the room a part of the time when the payment was
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