Davenport v. Schutt
Supreme Court of Iowa
Appeal from, Scott District Oov/rt. In the years 1874 and 1875 the plaintiff borrowed, of different parties, large amounts of money. He employed defendant as his agent to procure loans by negotiating plaintiff’s promissory notes. Said notes were from time to time placed in defendant’s hands and were by him sold and discounted.
Read the full summary
Appeal from, Scott District Oov/rt. In the years 1874 and 1875 the plaintiff borrowed, of different parties, large amounts of money. He employed defendant as his agent to procure loans by negotiating plaintiff’s promissory notes. Said notes were from time to time placed in defendant’s hands and were by him sold and discounted. As these notes fell due other notes of the plaintiff were negotiated, by discount or renewal, for the purpose of taking up, or carrying, the loans for plaintiff’s benefit. This suit was brought by plaintiff to recover a large amount arising from said transactions, which…
1Opinion of the CourtNotebook, J.
I. One H. C. Wales was made a party defendant. The petition charged that he was a partner of defendant, Seliutt, in the business transacted for plaintiff. The referee found that there was no such partnership, and no finding was made against him. No exceptions were taken to this finding, and the controversy now is between the plaintiff and defendant, Schutt.
II. It will be observed, from a reading of the foregoing statement of the case, that the evidence upon which the report of the referee was based is not presented for our consideration. The whole case turns upon the proper construction to be…
2Cited by2 opinions
- Meier v. JohannsenSupreme Court of Iowa · 1951
- Webb v. FordyceSupreme Court of Iowa · 1880