Legal Opinion

Independent Van & Storage Co. v. Iowa Mercantile Co.

Supreme Court of Iowa

Decided September 17, 1918PublishedCited by 7 opinions

Appeal from Linn District Court. — Milo P. Smith, Judge. Action by a stockholder to rescind a subscription for stock, and recover notes delivered and money paid on the subscription. Decree in the court below dismissing plaintiff’s petition. Plaintiff appeals.

1Opinion of the CourtGaynor, J.

On the 10th day of'July, 191G, defendant the Towa Mercantile Company was a corporation and a going concern. On that day, one of its duly authorized agents solicited the intervenor, Kluss, to purchase stock in the company. In pursuance of the solicitation and representations and statements made by this agent, the intervenor made an application to the company for stock, in the following words and figures:

“Application for membership in Iowa Mercantile Com- • pany, Cedar Rapids, Towa. Class B stock, $60.00. Class A stock, $30.00. Original, to be Filed at the Company’s office.
“Date 7-10-1916.
“I…

2Cases cited3 opinions

  1. Sanger v. UptonSupreme Court of the United States · 1875
  2. Hinkley v. Sac Oil & Pipe Line Co.Supreme Court of Iowa · 1906
  3. Johnson v. MorganSupreme Court of Iowa · 1916

3Cited by7 opinions

  1. Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
  2. Burningham v. BurkeUtah Supreme Court · 1926
  3. State Ex Rel. Havner v. Associated Packing Co.Supreme Court of Iowa · 1929
  4. State Ex Rel. Havner v. Associated Packing Co.Supreme Court of Iowa · 1933
  5. Arnd v. GrellSupreme Court of Iowa · 1925

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