M. Callan & Co. v. Hanson
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. S. H. Faiball,. Judge. Action against the defendant for his failure and refusal to deliver to the plaintiff a one hundred dollar bill in exchange for one hundred dollars in hills and coin of smaller denomination received by him.. There-was a verdict for the defendant, from which the plaintiff .appeals.
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Appeal from Iowa District Court. — Hon. S. H. Faiball,. Judge. Action against the defendant for his failure and refusal to deliver to the plaintiff a one hundred dollar bill in exchange for one hundred dollars in hills and coin of smaller denomination received by him.. There-was a verdict for the defendant, from which the plaintiff .appeals. It appears that about September 20, 1887, the defendant entered the store of the plaintiff at Parnell, Iowa, and asked for change for a one hundred dollar bill. One of the firm gave him the change, but claims that the defendant did not deliver the one…
1Opinion of the CourtKinne, J.
I. Complaint is made of the fifth division of the charge of the court given to the jury, which reads:
1. Evidence: proof: instructions to jury. “It is incumbent on the plaintiff to, ón his part, in the first place, make a prima facie case, . ■*- ’ . „ . ^ ' showing to your satisfaction that defendant' did not deliver to him [plaintiff] said one hundred dollar bill.”
It is insisted that the instruction required the plaintiff to establish the fact, of the delivery of' the bill to the satisfaction of the jury, not simply by a preponderance of the evidence. Under the well settled rule that all the…
2Cases cited5 opinions
- Kelly v. JacksonSupreme Court of the United States · 1832
- Bryan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- McAnnulty v. SeickSupreme Court of Iowa · 1882
- Davenport v. CummingsSupreme Court of Iowa · 1863
- Missouri Pacific Railway Co. v. BartlettTexas Supreme Court · 1891
3Cited by12 opinions
- United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
- Boa v. San Francisco-Oakland Terminal Rys.California Supreme Court · 1920
- Sherman v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1911
- Carstens v. EarlesWashington Supreme Court · 1901
- Baltimore & Ohio Southwestern Railroad v. WalkerIndiana Court of Appeals · 1908
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