Thomas v. Stetson
Supreme Court of Iowa
Appeal from Buena Vista District Court. AotioN upon an account for goods sold and delivered. The defendant for answer averred certain facts as constituting payment. Tbe plaintiff demurred to the answer upon the ground that the facts averred did not constitute payment. The court sustained the demurrer, and the defendant electing to stand upon his answer, judgment was rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
The facts as shown by the answer are, that the goods in question were purchased by the defendant of one J. F. Doty & Co., the plaintiff’s assignor; that this firm consisted of J. F. Doty and James R. Day, and was engaged in selling lumber and coal at Storm Lake; that Doty resided at Storm Lake, and was the active member of the firm, and had the entire and exclusive management and control of the business; that Day resided in Dubuque; that the sale by J. E. Doty & Co. to the defendant of the goods in question was made through Doty as a member of the firm; that the defendant was a merchant at…
2Cases cited5 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- McNair ex rel. White v. PlattIllinois Supreme Court · 1867
- Hilliard v. WalkerIllinois Supreme Court · 1850
- Stokes v. AndersonCalifornia Supreme Court · 1870
3Cited by6 opinions
- Brewster v. ReelSupreme Court of Iowa · 1888
- Eady v. Newton Coal & Lumber Co.Supreme Court of Georgia · 1905
- Janney v. Springer & WillardSupreme Court of Iowa · 1889
- First Nat. Bank v. State Nat. BankCourt of Appeals for the Ninth Circuit · 1904
- Kleinschmidt v. WhiteSupreme Court of Oklahoma · 1932
1 more not listed; retrieve them via the Exa API.