John A. Tollman Co. v. Bowerman
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action on a contract. There was judgment for plaintiff, and defendants appeal. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action on a contract. There was judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. In examining an adverse witness a court may permit leading questions but in no case can this be tolerated to a willing, voluntary witness, neither can a witness be allowed to include all the facts by answering a question containing a conclusion of law. 1 Green, Ev. § 434; Henry v. Railroad Co., 23 N. W. 260; Hardke v. State, 30 N. W. 723. A question to a witness upon his examination in chief, embracing the…
1Opinion of the CourtKellam, J.
This action was brought to recover on an agreement of which the following is a copy: ‘ ‘Chicago, October 1st, 1891. In consideration of the sum of one dollar and other valuable considerations received from John A. Tollman Company the receipt of which is hereby acknowledged, I hereby guaranty the payment to John A. Tollman Company of any and all moneys collected by Geo. A. Willard for the account of John A. Tollman Company, and for all moneys which they may from time to time advance to said George A. Willard, and any and all indebtedness now due or which may hereafter become due said John A.…
2Cited by3 opinions
- Kramer v. K. O. Lee & Son Co.North Dakota Supreme Court · 1931
- Standard Acc. Ins. Co. v. FellLouisiana Court of Appeal · 1941
- John A. Tolman Co. v. ButtWisconsin Supreme Court · 1903