Turk v. Nicholson
Supreme Court of Iowa
Appeal from Black Hawk District Court. Action in attachment, to recover upon an account for $2,557, for lumber sold by plaintiff to defendants.
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Appeal from Black Hawk District Court. Action in attachment, to recover upon an account for $2,557, for lumber sold by plaintiff to defendants. The answer sets up, as a defense, that, prior to the commencement of the action, defendants, being indebted to plaintiff in the sum of $2,000, executed to him a promissory note, and mortgage upon their stock of lumber for the sum of $2,500, to secure their indebtedness then existing and further purchases of lumber to be made of plaintiff; that, upon the day of the execution of the note and mortgage, a written agreement was entered into by the parties,…
1Opinion of the CourtBeck, J.
1. contract : abandonment: partnership. The objections raised by appellants to the judgment of the district court are based upon two instructions given to the jury. They are in the „ .. . . following words i
“ The written agreement in evidence was made between plaintiff and the defendants, Nicholson & McOrea, and if you believe that the partnership of -Nicholson & McCrea was dissolved, the plaintiff was not bound to continue the agreement after such dissolution.”
“ If you believe that the partnership between the defendants was dissolved before the foreclosure of the mortgage and the suing out…
2Cited by2 opinions
- Phelan v. HazardU.S. Circuit Court for the District of Eastern Missouri · 1878
- Holbert v. KellerSupreme Court of Iowa · 1913