Gardner v. Connelly
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. J. L. Stevens, Judge. Action to foreclose a chattel mortgage. The defendant answered, and pleaded that the note and mortgage were not the property of the plaintiff, but belonged to F. W. Gardner, her husband ; and pleaded a tender to the latter.
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Appeal from Boone District Court. — Hon. J. L. Stevens, Judge. Action to foreclose a chattel mortgage. The defendant answered, and pleaded that the note and mortgage were not the property of the plaintiff, but belonged to F. W. Gardner, her husband ; and pleaded a tender to the latter. Certain creditors of F. W. Gardner intervened, and pleaded that the plaintiff and her husband had conspired to defraud them, and asked that the note and mortgage be decreed to belong to F. W. Gardner, and for general relief. The court found for the defendants, and entered a judgment in accordance therewith. The…
1Opinion of the CourtSeevers, C. J.
1. Evidence: practice: contradiction of one's own witness. — The defendants called the plaintiff as a witness, and counsel for the appellant insist defendants cannot impeach or ,discredit their own witness. To a certain extent this is true. Such a witness cannot be impeached by the introduction of evidence tending to show that her reputation for truth and varacity is not good. Nor is a party bound hand and foot by the evidence of a witness introduced by him. He can show by another witness a different state of facts. Humble v. Shoemaker, 70 Iowa, 223. And while he is not permitted to say that…
2Cases cited1 opinion
- Humble v. ShoemakerSupreme Court of Iowa · 1886
3Cited by4 opinions
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- First National Bank v. WaySupreme Court of Iowa · 1914
- Homesteaders Life Assn. v. SalingerSupreme Court of Iowa · 1931
- Rudd v. DeweySupreme Court of Iowa · 1908