167 Iowa 72 | Iowa | 1914
The substance of plaintiff’s claim is that he advanced money, at defendant’s request, for the purchase and maintenance of a laundry business in the city of Davenport, and,that there is due and unpaid from the defendant the sum of $1,882 and interest. The answer of defendant, in addition to a denial, pleads an alleged accounting between the parties, in which it was found that defendant’s indebtedness to plaintiff upon the transactions in controversy was the sum of $1,772.23, of which sum defendant then and there paid $850, leaving now due plaintiff $992.23, and for this sum, with interest from August 20,1909, judgment was offered on the trial. In support of such defense, defendant exhibits and relies upon a receipt given him by plaintiff, under the date named, for $850, upon which receipt is a memorandum indicating that the unpaid balance of indebtedness was but $992.23. Plaintiff admits giving the receipt, but testifies that a mistake was
The appellee asks this court to assess a penalty against appellant of 15 per cent, upon the amount of the recovery on the ground that the appeal was taken for delay only. With some hesitation we deny the motion, but it must be said that the manner in which the submission of the appeal has been delayed has been little less than vexatious. The judgment appealed from is — Affirmed.