Reports of Cases At Law And in Equity Determined By the Supreme Court of the State of Iowa
Reports of Cases At Law And in Equity Determined By the Supreme Court of the State of Iowa
Iowa. Supreme Court
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Ans. Yes. J. Wykoff, Foreman. Int. 3. Do you allow plaintiff anything for the trunk in controversy and its contents? If so, how much? Ans. One thousand, eight hundred and eleven dollars and twenty-seven cents. J. Wykoff, Foreman. Int. 4. Do you allow plaintiff anything for the trav- eling expenses, time, and expenses at Le Mars of plain- Digiti ized by Google Oct. 1894] Weber Co. v. Railway Co- 367 tiff's agent Brewstert If so, how maoht Ans. Fifty- eight dollars. J. Wykofp, Foreman. There is n...o conflict in the evidence as to the facts stated above, and no question is made as to the fifty- eight dollars. U. Appellant's first contention is that the bond returned for acknowledgment was so accepted by the defendant as to become binding on the plaintiff; that plaintiff was therefore limited to a recovery of fifty dol- lars; and that the court erred- in not submitting that defense to the jury. We think the court was war- ranted in holding that the bond was not accepted and binding. Whether acknowledgment was necessaiy we need not determine.
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