Whitlock v. Workman & Co.
Supreme Court of Iowa
Appeal from Johnson District Court. In November, 1858, the defendants in this cause ordered and purchased of the plaintiffs, at the city of New York, a bill of goods consisting of intoxicating liquors and other merchandise, amounting to $4,444.2;!, including insurance and some items for cartage, on which was paid at the time, cash $425.11. These goods were shipped by plaintiffs to defendants at Iowa City, and duly received about tbe 1st of December, 1858, by defendants, who…
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Appeal from Johnson District Court. In November, 1858, the defendants in this cause ordered and purchased of the plaintiffs, at the city of New York, a bill of goods consisting of intoxicating liquors and other merchandise, amounting to $4,444.2;!, including insurance and some items for cartage, on which was paid at the time, cash $425.11. These goods were shipped by plaintiffs to defendants at Iowa City, and duly received about tbe 1st of December, 1858, by defendants, who paid the charges of transjDortation. By the terms of the sale, the defendants were to give notes for the balance due on…
1Opinion of the Court
Lowe, J.—
On the trial, exceptions were taken in the matter of refusing to give, and giving, certain instructions to the jury, and the overruling the motion for a new trial. The ground of this motion was, that the verdict is against the evidence and the law of the case. The testimony, as a *354whole, admits of but one construction in respect to the place where the contract was made, and that is, that it was entered into and consummated in the,city of New York. The circumstance that some seven months or more after the sale and delivery of these goods, notes were signed in this State as evidence of…
2Cases cited1 opinion
- Dalter v. GuyeSupreme Court of Iowa · 1862
3Cited by8 opinions
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- Frankel v. HillierNorth Dakota Supreme Court · 1907
- Leggett & Meyer Tobacco Co. v. CollierSupreme Court of Iowa · 1893
- Second National Bank v. CurrenSupreme Court of Iowa · 1873
- J. T. S. Brown & Sons v. WielandSupreme Court of Iowa · 1902
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