The court in the reported case (LUTTON V. BAKER, ante, 1696) seems to regard its decision as supported by earlier Iowa decisions to the effect that where the purchaser of a bill or note bearing a revenue stamp knew that such stamp was placed on the note after it was executed and delivered, the omission of the stamp could be pleaded against him (First Nat. Bank v. Dougherty (1810) 29 Iowa, 260), and by other cases in which a purchaser of a post-stamped note has been held to be a bona fide holder, and in which his character as such is expressly based upon the fact that he had no knowledge that the note was not stamped until after it was issued " (Blackwell v. Denie (1867) 23 Iowa, 63; Gage v. Sharp (1867) 24 Iowa, 15; Anderson & Co. v. Starkweather (1869) 28 Iowa, 409; Speery v. Horr (1871) 32 Iowa, 184; and see Robinson v. Lair (1870) 31 Iowa, 9), notwithstanding that the view in force in Iowa at the time these cases were decided, that the omission of the stamp, even if inadvertent, invalidated the instrument, was overruled by later cases. It is to be observed that the omission of the stamp was relied upon in the LUTTON CASE, not as a ground of defense to the note, but as defeating the bona fides of the purchaser and thus letting in an independent defense. W. A. E. Presumption of negligence from, see Evi- DENCE. Insurance against, see INSURANCE. ACTION OR SUIT. In general. Abatement of action, see Abatement AND Action by stockholder of corporation, see As to costs and fees, see COSTS AND FEES. Action by husband or wife, see HUSBAND Limitation of or TION OF ACTIONS Suit, see LIMITA- Parties to action, see PARTIES. The dash in each citation stands for A.L.R. 1703 Estoppel by, see ESTOPPEL. By demurrer, see PLEADING. ALLOWANCE. Making of allowance to wife by husband Heavy italic type is used for annotations; roman type for cases. Duties and liabilities of owner of, to ten- What constitutes. 6-459. APPEAL AND ERROR. As to bill of review, see REVIEW. Cross errors. Briefs. Duty of party to present all questions in Rules of decision. Resolving in favor of plaintiff for whom Presumptions. Presumption that trial court submitted Sufficiency of evidence. 6-146. Discretionary matters. Amendment of pleading. 6-456. Admission of evidence of reputation of Questions not raised below. Errors waived or cured below. Curing by instruction error in rejecting Review of facts. As to excessive or inadequate damages, Review on appeal of evidence as to gen- General rule as to disturbing findings, Review of finding by jury on conflicting Conclusiveness of special verdict fixing Reversal of finding which is inherently The dash in each citation stands for A.L.R. Finding as to contributory negligence. 6-586. Findings of trial court upon disputed Right of New York court of appeals to Findings of master on reference. 6-1340. Reversible error-as to evidence. Error in admission of opinion evidence Exclusion of evidence which would not Excluding testimony that insanity is as to instructions. council of mutual benefit society to — submission of issues. Judgment. Refusal to direct final judgment where justice requires further evidence. Necessity of new trial on reversal of a Directions to trial court upon reversal of Rehearing. Right of party to present in petition for Cause of action for assault and battery Right of one spouse to maintain an ac- son. Joinder of cause of action for assault with Evidence in action by wife against her Instructions in action for indecent as- By landlord on one attempting to exer- Defenses; justification. Justification for assault upon female Waiver of right to recover for assault. Heavy italic type is used for annotations; roman type for cases. |