Reed v. Corrigan
Supreme Court of Iowa
Appeal from Monona District Court. — Hon. William; Hutchinson, Judge. Action to recover $265 which plaintiff alleges he-loaned to defendant in August, 1898, on his verbal promise-to repay the same in a short time.
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Appeal from Monona District Court. — Hon. William; Hutchinson, Judge. Action to recover $265 which plaintiff alleges he-loaned to defendant in August, 1898, on his verbal promise-to repay the same in a short time. Defendant answered,, denying that plaintiff loaned him any money; and in an amendment to conform to the proofs, and as further defense and counterclaim, he alleges, in substance, as fol-1 lows: That about August 1, 1898, they entered into-an oral agreement whereby defendant agreed to sell, and plaintiff to buy, a one-half interest in defendant’s harness business at $800, and upon…
1Opinion of the CourtGiven, C. J.
*6402 3 *639I. Appellant’s first contention is that the court erred in rendering judgment in any amount against, him. There is no question but that defendant did receive from plaintiff $265 about the time alleged, and the question is whether it was as a loan, o-r on account of the alleged agreement. The only witnesses examined were the parties and T., *640J. Smith, and their tesimony is in conflict as to whether there was an agreement as alleged. The determination of the issue depends upon the weight and credit to be given to the witnesses, and of this the trial judge had better opportunity of judging…
2Cases cited2 opinions
- Johnson v. MantzSupreme Court of Iowa · 1886
- Searle v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890