Woodward v. Horst
Supreme Court of Iowa
Appeal from Scott District Court. ACTION upon an account. Plaintiff is the assignee, under a general assignment, of one Stolley. Ilaggie & Stolley were partners, and upon the dissolution, Stolley by agreement succeeded to all the interest of the firm. A part of this account was contracted prior to this assignment by Stolley, and a portion afterwards. Yerdict for defendant.
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Appeal from Scott District Court. ACTION upon an account. Plaintiff is the assignee, under a general assignment, of one Stolley. Ilaggie & Stolley were partners, and upon the dissolution, Stolley by agreement succeeded to all the interest of the firm. A part of this account was contracted prior to this assignment by Stolley, and a portion afterwards. Yerdict for defendant. Motion for a new tidal sustained as to so much of the account as iras made after the assignment, and overruled as to that made before. Plaintiff appeals. to the points that the court erred in setting aside the verdict in…
1Opinion of the CourtWright, C. J.
For the purpose of proving that defendant had paid Ilaggie & Stolley $300, in cash, the “pass book,” referred to, and found in the record, was inadmissible. As evidence tending to show that the firm had acknowledged an indebtedness to the defendant to that amount, upon the arrangement or under the agreement set up in the answer, it was admissible. But for the instructions upon this subject, this *122testimony might have misled the jury. These, however, placed the purpose and object of the evidence submitted, in so clear and correct a light, that there could not reasonably have been any prejudice…
2Cited by13 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- McElroy v. StateSupreme Court of Iowa · 2005
- Lake v. BenderNevada Supreme Court · 1884
- Larimer v. PlatteSupreme Court of Iowa · 1952
- Moss v. Campbell's Creek RailroadWest Virginia Supreme Court · 1914
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