German v. Maquoketa Savings Bank
Supreme Court of Iowa
Appeal from Jaclcson District Oov/rt. Plaintiff claims $1,000, alleged to be due on account of business transacted with defendant in the years 1872 and 1873. The defendant denies that any balance is due plaintiff. Trial to the court. Plaintiff testified in substance that on or about Nov. 25th, 1872, he gave defendant two drafts, each for $1,000, on Yaughn Bros., Chicago. That one of these drafts was forwarded to Chicago and paid.
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Appeal from Jaclcson District Oov/rt. Plaintiff claims $1,000, alleged to be due on account of business transacted with defendant in the years 1872 and 1873. The defendant denies that any balance is due plaintiff. Trial to the court. Plaintiff testified in substance that on or about Nov. 25th, 1872, he gave defendant two drafts, each for $1,000, on Yaughn Bros., Chicago. That one of these drafts was forwarded to Chicago and paid. That the other, under his direction, was retained; that he gave checks against this draft to the amout' of $980.93, which was charged to his account; and that…
1Opinion of the CourtDay, J.
— I. That a new trial will not be granted because of the discovery of evidence, which is merely cumulative, is a general doctrine of the' courts, and has been frequently recognized in this state. See 1 Graham and Waterman on New Trials, 486-495, and cases cited; Alger v. Merritt, 16 Iowa, 121; Sturgeon v. Ferron, 14 Iowa, 160; Manix v. Malony, 7 Iowa, 81.
i. stbwtbiau: cumulative evidence. It is exceedingly difficult, if not impossible, to furnish a general definition of cumulative evidence, which °. . - m a given case will materially aid m determining whether particular testimony offered…
2Cases cited4 opinions
- Alger v. MerrittSupreme Court of Iowa · 1864
- Guyot v. ButtsNew York Supreme Court · 1830
- Manix v. MalonySupreme Court of Iowa · 1858
- Sturgeon v. FerronSupreme Court of Iowa · 1862
3Cited by4 opinions
- State v. EvansOregon Supreme Court · 1920
- Guth v. BellSupreme Court of Iowa · 1911
- Larson v. Meyer MeyerSupreme Court of Iowa · 1939
- Larson v. MeyerSupreme Court of Iowa · 1939