Trognitz
First National Bank of Iowa City v. Trognitz
Opinion
Lead Opinion
James, J.
Plaintiff, as the indorsee of four bills of exchange drawn by a corporation called the Providence Jewelry Company, brought this action to recover from' defendant, as an acceptor of said negotiable instruments, the aggregate principal sum of $379.30, together with certain other sums accruing as interest. It was alleged in the complaint that plaintiff acquired the bills before maturity and for a valuable consideration. Defendant in his answer denied specifically all of the allegations set out in the complaint, and upon a trial being had judgment was awarded in his favor. Plaintiff appeals from the judgment and an order denying its motion for a new trial. A statement of the evidence heard at the trial is set out in a bill of exceptions. Objection is made by respondent that this evidence cannot be considered for the purpose of determining whether it is sufficient to support the findings and judgment, because, first, the appeal from the judgment was taken more than sixty days after the entry thereof; and, second, that the particulars in' which the evidence is insufficient are not set out in any specification, either generally or particularly. This objection of respondent has undoubted…