American Express Co. v. Des Moines National Bank
Supreme Court of Iowa
Appeal from Polk District Court. — James P. Hewitt, Judge. Opinion states the facts. Trial to a jury, verdict and judgment for the plaintiff. Defendant appeals.
1DissentSalinger, J.
(dissenting). — The majority reverses because an objection to a question was sustained. There is no statement in the record making claim as to what answer would have tended to prove had answer been allowed. An unbroken line of our cases, beginning with Lawson v. Campbell, 4 G. Gr. 413, and ending with Arnold v. Livingstone, 155 Iowa 601, at *495604, and numberless decisions in other jurisdictions, establishes the following propositions:
If complaint is that answer was received, the record must show what answers, or what they tend to establish.
If answer is refused, the record must indicate, by…
2Cases cited22 opinions
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Barr v. City of OmahaNebraska Supreme Court · 1894
- Arnold v. LivingstoneSupreme Court of Iowa · 1912
- Gronan v. KukkuckSupreme Court of Iowa · 1882
- State v. RowSupreme Court of Iowa · 1890
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