Legal Opinion

Turk v. Nicholson

Supreme Court of Iowa

Decided December 23, 1870PublishedCited by 2 opinions

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

  1. Phelan v. HazardU.S. Circuit Court for the District of Eastern Missouri · 1878
  2. Holbert v. KellerSupreme Court of Iowa · 1913

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