Hedge, Elliott & Co. v. Lowe
Supreme Court of Iowa
Appeal from Madison Circuit Cou/rt. The petition in substance alleges that on the first day of February, 1875, the defendant was engaged in carrying on business in Winterset, Iowa, as a dealer in agricultural implements; that prior to February 1, 1875, William-Hedge and one N. T. Yorse, as partners, negotiated with defendant for the purchase of the said implement business, which was consummated Feb. 1, 1875, by N. T. Yorse, and the purchase of said business completed for…
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Appeal from Madison Circuit Cou/rt. The petition in substance alleges that on the first day of February, 1875, the defendant was engaged in carrying on business in Winterset, Iowa, as a dealer in agricultural implements; that prior to February 1, 1875, William-Hedge and one N. T. Yorse, as partners, negotiated with defendant for the purchase of the said implement business, which was consummated Feb. 1, 1875, by N. T. Yorse, and the purchase of said business completed for himself and William Hedge as partners; that as a part of said transaction defendant executed an instrument, .dated February…
1Opinion of the Court
Day, Ch. J.
Upon the application for a temporary injunction evidence was introduced establishing the following facts: Prior to the purchase from Lowe, Hedge and Torse were negotiating for the formation of a partnership in the agricultural implement business in Winterset. It does not very clearly appear whether or not the partnership was fully consummated between Hedge and Torse before the purchase from Lowe, but Hedge was aware of the teirms of the negotiation which was conducted by Torse. On the first day of February, 1875, an inventory of the stock was taken, the notes and checks were drawn…
2Cases cited2 opinions
- The Cal. Steam Navigation Co. v. WrightCalifornia Supreme Court · 1856
- California Steam Navigation Co. v. WrightCalifornia Supreme Court · 1857
3Cited by29 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- J. L. Cooper & Co. v. Anchor Securities Co.Washington Supreme Court · 1941
- Cowan v. . FairbrotherSupreme Court of North Carolina · 1896
- Swanson v. KirbySupreme Court of Georgia · 1896
- Smalley v. GreeneSupreme Court of Iowa · 1879
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