Legal Opinion

Shawyer v. Chamberlain

Supreme Court of Iowa

Decided December 22, 1900PublishedCited by 8 opinions

Appeal from Wright District Court. — Hon. B. P. Birdsall, Judge. The defendant, by written contract, purchased a stock of drugs and certain fixtures of plaintiff December 30, 1898, and refused to carry out its terms, and this is an action for the resulting damages. Verdict and judgment for the plaintiff, and the defendant appeals.-

1Opinion of the CourtLadd, J.

1 The defendant insists that the testimony of plaintiff to a conversation with him through the telephone •ought to have been excluded, for that it is of too uncertain and easily manufactured a character to be competent. These defects, if they exist, would not justify rejecting such evidence, but merely affect the weight *744it should, receive. This method of communication, of recent origin, is one of the incidents of contemporary history, of which the courts take judicial notice. It greatly facilitates business transactions, and there is no better reason for rejecting j>roof- of a conversation…

2Cases cited14 opinions

  1. Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  2. German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
  3. Sullivan v. KuykendallCourt of Appeals of Kentucky · 1885
  4. Riech v. BolchSupreme Court of Iowa · 1886
  5. Christman v. PearsonSupreme Court of Iowa · 1897

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Davis v. StateIndiana Supreme Court · 1928
  2. Grand Central Min. Co. v. Mammoth Min. Co.Utah Supreme Court · 1905
  3. Prewitt v. RutherfordSupreme Court of Iowa · 1947
  4. Heckman v. DavisSupreme Court of Oklahoma · 1916
  5. City of Pawhuska v. CrutchfieldSupreme Court of Oklahoma · 1930

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API