118 Iowa 81 | Iowa | 1902
Action was brought against defendant upon a promissory note made by him to plaintiff for $470
The order was clearly right. There was no evidence to justify the allowance of the counterclaim. The plaintiff and defendant are cousins, and up to the beginning of the suit apparently friends. Plaintiff is a single lady, and without, any-home of her own. Defendant at various times invited her to visit him, and on several occasions covering a period of many years she went to his place, and stayed with him and his family for periods of several weeks, and sometimes several months, at a time. On such visits she was apparently treated as one of the family, and in return she did more or less work about the house, but the extent and value of such labor is in dispute. Defendant does not claim ever to have notified her that he expected payment for his hospitality, nor is any fact shown from which she might reasonably infer such an intention on his part. During her first visit, in 1881, defendant borrowed from plaintiff the sum of $400, 'giving his note therefor. In 1889 he bprrowed the further sum of $70, and, renewing the old note, gave the one now in suit for the aggregated indebtedness. On this debt he paid the interest from year to year, offering various excuses for his failure to pay the principal. Considerable correspondence was carried on between plaintiff and defendant after her last visit to him some seven or eight years prior to the commencement of this suit. On October 20, 1899, after plaintiff had placed her claim, then nearly barred by the statute of limitations, in the hands of an attorney, defendant wrote her, proposing to pay uji the interest and renew