Reed, Murdoch & Co. v. Brown Bros.
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action to recover possession of certain articles of merchandise of the value of forty-nine dollars and ninety-three cents. Judgment was entered for the plaintiffs.
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Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action to recover possession of certain articles of merchandise of the value of forty-nine dollars and ninety-three cents. Judgment was entered for the plaintiffs. The defendants appeal upon certificate of the trial judge, that the case involves a question of law, upon which the opinion of this court is desired.— When a consideration entered into the contract, it became absolutely binding on the parties, even though such consideration is of the most inconsiderable character. 2 Howard, 426; Bouviers Law Dictionary,…
1Opinion of the CourtGiven, J.
The certificate upon which this appeal is taken is as follows:
“Where goods are purchased from an insolvent firm, but without any knowledge on the part of the pur*459chaser of said insolvency, to be paid for in part with a pre-existing debt, and a promise on the part of the purchaser, to pay the balance on demand, but where the balance is not demanded or paid, and a receipt given to the vendor by the purchaser for the debt, as aforesaid, and when the purchase!' is told to take any goods he chooses from a large quantity, and the purchaser takes goods that were obtained by fraud on the part of the…
2Cases cited20 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Root v. FrenchNew York Supreme Court · 1835
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Butters v. HaughwoutIllinois Supreme Court · 1866
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3Cited by4 opinions
- Starr Bros. v. StevensonSupreme Court of Iowa · 1894
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- Foster v. WinstanleyMontana Supreme Court · 1909
- Gray Bros. v. OttoSupreme Court of Iowa · 1916