Ruddick v. Otis & Snow
Supreme Court of Iowa
Appeal from Lee District Court. The petition alleges that Gafford & Co., a firm composed of Joseph Gafford and Robert B. Foote, entered into a partnership with the defendants, Otis & Snow, for the purpose of buying wool, and that a memorandum and receipt, containing in part .the terms of partnership, was executed and delivered by defendants to Gafford & Co. as follows, to wit: “ Keokuk, June 28, 1864. “ Received of Gafford & Co. $2,000 to invest in wool; said Gafford & Co.…
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Appeal from Lee District Court. The petition alleges that Gafford & Co., a firm composed of Joseph Gafford and Robert B. Foote, entered into a partnership with the defendants, Otis & Snow, for the purpose of buying wool, and that a memorandum and receipt, containing in part .the terms of partnership, was executed and delivered by defendants to Gafford & Co. as follows, to wit: “ Keokuk, June 28, 1864. “ Received of Gafford & Co. $2,000 to invest in wool; said Gafford & Co. to receive two-thirds of the net proceeds or profits on the sale of wool, and Otis & Snow one-third. Otis & Snow.” “ If…
1Opinion of the CourtDay, J.
I. Appellant claims that the writing executed by Otis & Snow conclusively establishes a partnership between them and Gafford & Co. The writing is as follows : “ Received of Gafford & Company, $2,000 to invest in wool. Said Gafford & Co. to receive two-thirds of the net proceeds or profits, on the sale of wool, and Otis & Snow one-third. Om & Snow.”
“ If any more money shall be required to invest, the above terms shall hold good. Otis & Snow.”
This memorandum shows simply an advance of money by Gafford & Co.; that it is to be invested in wool by Otis & Snow; and that Otis & Snow are to have…
2Cases cited6 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Williams v. SoutterSupreme Court of Iowa · 1858
- Munson v. SearsSupreme Court of Iowa · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Buzar v. First National Bank of GreenvilleTexas Supreme Court · 1886
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Winter v. John Pipher & Co.Supreme Court of Iowa · 1895
- Johnson Bros. v. Carter & Co.Supreme Court of Iowa · 1903
- McElroy v. AllfreeSupreme Court of Iowa · 1906
9 more not listed; retrieve them via the Exa API.