First National Bank v. Haire
Supreme Court of Iowa
Appeal from Webster District Court. This is a suit in equity commenced on the 31st day of January, 1871, against Mary M. Haire and John Haire as mortgagors, John H. Taafe as indorsor of certain notes, W. H. Johnson, assignee in bankruptcy of Haire & Co., and numerous other persons as creditors and junior lien holders, etc.
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Appeal from Webster District Court. This is a suit in equity commenced on the 31st day of January, 1871, against Mary M. Haire and John Haire as mortgagors, John H. Taafe as indorsor of certain notes, W. H. Johnson, assignee in bankruptcy of Haire & Co., and numerous other persons as creditors and junior lien holders, etc. The pleadings were several times amended, once, after the evidence was closed, and under the issues made, the ultimate facts as stated in the opinion were established. The district court adjudged a foreclosure as prayed for. The defendants Mary M. and John Haire and W. H.…
1Opinion of the Court
Cole J.
— Under the issues made by the pleadings as amended, the following facts are proved: In 1856 John Haire began a general mercantile business in Ft. Dodge, with the funds and in the name of his wife, Mary M. Haire, he acting as her agent; and continued it till Nov. 1st, 1866, when a partnership was formed between Mary M. Haire and John H. Taafe, under the name of Haire & Co., by whom the business was continued, John Haire acting in the new firm business, for and on behalf of his wife. By the terms of partnership, each was to furnish $1,000 capital, Taafe furnished his in cash at once;…
2Cases cited2 opinions
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Patton v. KinsmanSupreme Court of Iowa · 1864
3Cited by9 opinions
- Martin v. McCarthyColorado Court of Appeals · 1893
- Anderson v. DaterDistrict Court, W.D. Michigan · 1926
- Spafford v. First Nat. BankSupreme Court of Iowa · 1873
- Fidelity Insurance Co. v. German Savings BankSupreme Court of Iowa · 1905
- Fidelity Insurance Company v. German Savings BankSupreme Court of Iowa · 1905
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