Ney v. Dubuque & Sioux City Railroad
Supreme Court of Iowa
Appeal from Jones District Court. At tbe February Term, 1860, plaintiff recovered judgment against tbe Dubuque and Pacific Railroad Company, for over $3,600. Mason, Bisbop & Co. bad a contract with tbe company, made in October, 1856, for tbe construction of tbe road from tbe east line of Delaware county to a point within one mile of Cedar Falls, in Black Hawk county.
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Appeal from Jones District Court. At tbe February Term, 1860, plaintiff recovered judgment against tbe Dubuque and Pacific Railroad Company, for over $3,600. Mason, Bisbop & Co. bad a contract with tbe company, made in October, 1856, for tbe construction of tbe road from tbe east line of Delaware county to a point within one mile of Cedar Falls, in Black Hawk county. Plaintiff was a sub-contractor, and from September, 1857, to July, 1858, did certain work on sections sixty-three and sixty-four of tbe line (being sixty-three or sixty-four miles west of Dubuque) for which, in August, 1858, be…
1Opinion of the CourtWright, J.
i. bail-' contractor" Whether the indebtedness forming the basis of plaintiff’s judgment against the old company, arose under a contract between the company and Mason & Co., or the company and plain*351tiffs directly, would not, in our opinion, make any difference.
Assuming the construction work was performed by him as a sub-contractor, the railroad company recognized its liability to him, and undertook to pay the same in the manner and form specified in the drafts, upon which he recovered judgment. The judgment settled the question of the old company’s liability to the plaintiff for this debt;…
2Cases cited2 opinions
- Field v. SchricherSupreme Court of Iowa · 1862
- Whitaker v. Johnson CountySupreme Court of Iowa · 1861
3Cited by4 opinions
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880