Kinney v. McFaul
Supreme Court of Iowa
Appeal from Woodbury District Court. — HoN. William IIutchiNson, Judge. Christian Jacobson died February 6, 1901, and his will was admitted to probate March 19th of the same year. On that day Thomas A. Kinney filed his claim against the estate, alleging that he had loaned deceased $412.50 August 24, 1900. The executors interposed a general denial, and the cause was tried to a jury September 20, 1901. The claim was established, and the executors appeal.
1Opinion of the CourtLadd, J.
When called as a witness, claimant testified that he had had business dealings with deceased since 1888. To an inquiry as to the nature of the business an objection 1. Evidence. was interposed, but the witness was allowed to answer: “At various times I would borrow money of him — quite a good many times. Quite a few times he borrowed money of me.” The question was merely preliminary, and such as was permissible in showing in a general way the relations of the parties. If the answer was more in detail than allowable, a motion to strike was the proper remedy. Of course, the fact that either had…
2Cases cited7 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Rayburn v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- Hall v. RankinSupreme Court of Iowa · 1893
- Farmer v. BrokawSupreme Court of Iowa · 1897
- Adams v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Connelly v. NolteSupreme Court of Iowa · 1946
- Beans v. DennySupreme Court of Iowa · 1908
- Hanley v. Fidelity & Casualty Co.Supreme Court of Iowa · 1917
- Hein v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1917