Buettner v. Hertzler
Supreme Court of Iowa
Appeal from Des Moines District Coivrt. — Hon. James¡ D. Smythe, Judge. This is an action at law upon a promissory note, purporting to be signed by the firm of Steinbrecher & Hertzler, against the firm, and John Steinbrecher and A. Hertzler, the individual members thereof.
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Appeal from Des Moines District Coivrt. — Hon. James¡ D. Smythe, Judge. This is an action at law upon a promissory note, purporting to be signed by the firm of Steinbrecher & Hertzler, against the firm, and John Steinbrecher and A. Hertzler, the individual members thereof. In defense, the firm and A. Hertzler claimed that the note was executed without their knowledge or consent; that the firm name was signed without authority, and that the copartnership received no part of the consideration for the' note, and was in no way benefited thereby. .They further averred that the note was executed by…
1Opinion of the CourtDeemer, J.
1 2 I. The appellants contend that the court erred in rendering judgment against them, for that the evidence shows that the note in suit was given, not for firm purposes, but to compass some private ends of the defendant Steinbrecher; that Steinbrecher had no authority to execute the note in the name of the firm, because the transaction was not within the scope of the partnership business. At the time of the execution of the note in suit the defendant firm was engaged in the boot and shoe business in Burlington, Iowa, and, the note being executed in the name of the firm, was presumptively…
2Cases cited7 opinions
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1836
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Carrier v. CameronMichigan Supreme Court · 1875
- Clark v. HymanSupreme Court of Iowa · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. WilsonSupreme Court of Iowa · 1913
- DeLong Ex Rel. Sampson v. Iowa State Highway CommissionSupreme Court of Iowa · 1940
- Sheldon v. BigelowSupreme Court of Iowa · 1902
- Platt v. Koehler, Dickey & Co.Supreme Court of Iowa · 1894
- Continental National Bank v. Felsing Bros.Supreme Court of Iowa · 1924
2 more not listed; retrieve them via the Exa API.