Lyons v. Harris
Supreme Court of Iowa
Appeal from Carroll District Court — Hon. C. F. Loofbourow, Judge. Action at law to recover the balance due on a bank account: plaintiffs being bankers. The cause was sent to a referee. and upon the coming in of his report it was modified as to part of the findings of fact and law, and judgment rendered thereon against one of the defendants. Plaintiffs appeal.
1Opinion of the CourtBeck, J.
I. The defendants in their answer deny generally the allegations of the petition, and, as a special defense, allege in substance, that, prior to the date of many of the debit items of the account upon which suit is brought, the copartnership existing between the defendants was dissolved, of which plaintiffs were notified on the same day, and plaintiffs then verbally agreed to relieve defendant Johnson of any liability on account of the partnership dealings with plaintiffs, and did then discharge him therefrom.
The referee found as facts the existence of a copartnership composed of defendants,…
2Cases cited3 opinions
- Sage v. NicholsSupreme Court of Iowa · 1879
- Laverenz v. C., R. I. & P. R.Supreme Court of Iowa · 1880
- Taylor v. French Lumbering Co.Supreme Court of Iowa · 1878
3Cited by11 opinions
- Holton v. LankfordSupreme Court of Georgia · 1939
- James v. ColemanSupreme Court of Oklahoma · 1917
- Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
- Stroup v. BridgerSupreme Court of Iowa · 1904
- Tufts v. NorrisSupreme Court of Iowa · 1901
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