Keeney v. Chilis

4 Greene 416

• Court: Supreme Court of Iowa
• Decided: July 1, 1854
• Status: Published

Opinion

Opmion by

Hall, J.

Henry Chilis brought his suit against Charles Keeney, upon a note, drawn by defendant to plaintiff, for one hundred dollars. The defendant set up fraud, &c., and states that the note was given by him for a certain bond, executed by defendant and one Walker, to one Hayworth. That plaintiff had the bond in his possession, and fraudulently delivered it to defendant, ■&c. The court, in effect, charged the jury that Chilis’ possession of the bond was prima facie evidence of ownership, and of his right to dispose of it; and that if the defendant denied his right, he must establish the fact of the fraudulent possession, by evidence.

The plaintiff below, also took the deposition of one Smith, a non-resident witness, which was duly returned to the clerk of Polk county district court. Defendant below excepted to the deposition principally on the ground that the questions propounded in the witness wvre leading. Th.:> court overruled Hu; objection.

Baten and Finch, for appellant. G. G. Wright, for appellee.

The instructions !•/the court are good. The. •■■■nd wad negotiable under otir í’mk-,- and the ¡lile pu-.-od by delivery.

■ Objections to ques ions a- leading in a d ‘position. .-imo too late, after the deposition is ri-iurned inlo court. They should be. made when the deposition is taken.

Decree affirmed.