Pitman v. Molsberry
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. ActioN upon a promissory note. The defendants, by way of counter-claim, aver that they boarded the plaintiff for several years, and that she was indebted to them therefor in the sum of two thousand two hundred dollars. The plaintiff is step-mother of the wife of the defendant J. M. Molsberry. She commenced living with him in December, 1866, and lived with him most of the time for about ten years.
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Appeal from Cerro Gordo Circuit Court. ActioN upon a promissory note. The defendants, by way of counter-claim, aver that they boarded the plaintiff for several years, and that she was indebted to them therefor in the sum of two thousand two hundred dollars. The plaintiff is step-mother of the wife of the defendant J. M. Molsberry. She commenced living with him in December, 1866, and lived with him most of the time for about ten years. While living with him she did some sewing and knitting for the family, but she was not required to do anything. There was some evidence tending to show that the…
1Opinion of the CourtAdams, J.
*3401. appeal : exception to instructions. *339The court gave twelve instructions. It is not claimed that all are erroneous, yet no exception is reserved *340except to all the instructions in a mass. That this is not sufficient see McCaleb v. Smith, 24 Iowa, 591, and eases cited.
There is no assignment of errors. The appellant claims, in argument, that the verdict.is contrary to the evidence. The only question of doubt presented is as to whether the plaintiff was received by Molsberry into his house, and remained there under such circumstances that she was justified in believing that she was regarded as a…
2Cases cited1 opinion
- McCaleb v. SmithSupreme Court of Iowa · 1868
3Cited by5 opinions
- Black v. City of LewistonIdaho Supreme Court · 1887
- Ludwig v. BlackshereSupreme Court of Iowa · 1897
- S. W. Hallenbeck & Son v. GarstSupreme Court of Iowa · 1895
- Reeves Bros. v. HarringtonSupreme Court of Iowa · 1892
- Rowen v. SommersSupreme Court of Iowa · 1896