22 Iowa 270 | Iowa | 1867
In the exercise of our jurisdiction as an appellate tribunal, we are of opinion that it is our duty to reverse this judgment and remand the case for a new trial. After a careful review of the testimony, we are satisfied that, assuming, what the defendant seemed to concede, that such an action is maintainable, the verdict was not justified by the evidence.
Plaintiff replied that she did not want any of his money. The parties commenced living together. She testifies that he told her the next day that he would give her $1,600 in 7-30 bonds if she would consent to live with him, to which she replied, “I will go up to the farm and see how it looks, and perhaps I will live with you if
It also appears by the testimony of plaintiff’s own witnesses, that after these bonds had been kept for a while in the trunk, the defendant, Avithout remonstrance from the plaintiff, took them out and locked them up in his own secretary.
The defendant in his testimony utterly denied any gift of the bonds; said the trunk was his; that he kept the bonds there himself for a while; that when the coupons fell due he cut them off, and he and his wife went .to Decorah and traded to the amount of them and more. It was also in testimony that plaintiff took an impression.in wax from the trunk, and had a key made to fit it.
The other testimony in the ease is not of such import-' anee as to require it to be specially noticed. It was
It may be said that the counsel did not request instructions, and that therefore it was not obligatory on the court to give any. Such a view does not accord with our conception of the functions, and duty of the judge. He should see that every case goes to the jury so that they have clear and intelligent notions of precisely what it is that they are to decide. His charge is their chart and compass. In this case the jury should have been told that any promise by the defendant to pay or to give money to his wife, to induce her to live with him again, was without consideration, and not binding, especially so, as it did not appear that she had any grounds whatever for not living with him.
The attention of the jury should also have been called to this precise point, viz.: Did the defendant ever deliver bonds to the plaintiff, and, if so, for what purpose ? If they were merely put into her custody (which is a view not absolutely inconsistent with even her own testimony) then she cannot recover their value. If, on the other hand, the defendant voluntarily made an absolute gift of
Although the case was submitted in hotchpoch, still we should hot, for this reason, have reversed the judgment, if the result had been one which effectuated justice between the parties. What point the jury allowed the case to turn upon, what facts they decided, passes the wit of man to know. We can only suppose that they would have reached a just result, if the issues and the questions of fact and the law applicable thereto had been properly mapped out to them by the court.
Reversed.
Affirmed.