Fletcher v. Ketcham
Supreme Court of Iowa
Appeal from Yan Burén District Court. — Hon. F. W. Eicheeberger, Judge. Action for breach, of promise of marriage. Seduction was also pleaded in aggravation of damages. Defendant denied generally and pleaded a settlement; accord and satisfaction. Plaintiff denied the settlement and pleaded that a receipt set forth in defendant’s answer had been altered, changed, and forged after she had signed and delivered the same.
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Appeal from Yan Burén District Court. — Hon. F. W. Eicheeberger, Judge. Action for breach, of promise of marriage. Seduction was also pleaded in aggravation of damages. Defendant denied generally and pleaded a settlement; accord and satisfaction. Plaintiff denied the settlement and pleaded that a receipt set forth in defendant’s answer had been altered, changed, and forged after she had signed and delivered the same. On these issues, the case was tried to a jury, resulting in a verdict and judgment for plaintiff in the sum of $2,800, with a special verdict to the effect that the receipt,…
1Opinion of the CourtDeemer, J.
There was ample testimony to take the case to the jury upon every issue tendered by the pleadings, unless it be on the question of seduction, to which further reference will be made during the course of the opinion.
The principal grounds for a reversal relate to the instructions given and refused, to the special finding of the jury, as being against the weight of the evidence, and to remarks made by the trial court in disparagement of one of defendr ant’s counsel.
*366As already indicated, there was sufficient testimony to take the case to the jury on the question of breach of promise of marriage;…
2Cases cited19 opinions
- State v. CurranSupreme Court of Iowa · 1879
- Alger v. MerrittSupreme Court of Iowa · 1864
- Ross v. RossSupreme Court of Iowa · 1908
- Lauer v. BanningSupreme Court of Iowa · 1908
- State v. McClinticSupreme Court of Iowa · 1887
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3Cited by10 opinions
- Morgan v. MuenchSupreme Court of Iowa · 1916
- Storbeck v. FridleySupreme Court of Iowa · 1949
- Hull v. MitchellSupreme Court of Iowa · 1917
- Meemken v. O'HARASupreme Court of Minnesota · 1954
- Burnett v. TaylorWyoming Supreme Court · 1927
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