Stout v. Fortner
Supreme Court of Iowa
Appeal from the Mahaslca District Court. Spears, Case & Co. sued Daniel Fortner, for money obtained by him of them under false pretences. In this action, certain goods were attached as the property of Fortner. Before judgment, the goods were sold, and the proceeds paid into the hands of the cleric. After this, Jasper Stout and B. B. & E. II.
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Appeal from the Mahaslca District Court. Spears, Case & Co. sued Daniel Fortner, for money obtained by him of them under false pretences. In this action, certain goods were attached as the property of Fortner. Before judgment, the goods were sold, and the proceeds paid into the hands of the cleric. After this, Jasper Stout and B. B. & E. II. White, filed their bills, to the effeet and for the purpose following: Stout, in his bill, claims that he and Fortner were partners, and that the goods attached belonged to this partnership, and that the firm is insolvent — and aslcs that the partnership…
1Opinion of the CourtWright, C. J.
These cases relate to the same transaction — have been argued together and will be so decided.
Counsel have presented various considerations for and against the correctness of the ruling of the court below. We shall direct our attention to but one.
The proof leaves it doubtful whether any partnership existed between Eortner & Stout. If it did exist, however, the cases at the time the decrees were made, were in no situation to entitle complainants to the relief asked. Stout, by his bill, seeks a dissolution of the partnership, and a settlement of its affairs. Before this could possibly be…
2Cited by3 opinions
- Tuller v. LeavertonSupreme Court of Iowa · 1909
- Midland National Bank v. DouglasSupreme Court of Iowa · 1925
- Simmons v. SimmonsSupreme Court of Iowa · 1933