Williams Shoe Co. v. C. Gotzian & Co.
Supreme Court of Iowa
Appeal from, Woodbury District Qourt.- — ■ IIon. John E. Oliver, Judge. Suit in equity to recover of defendant Gotzian & Co. the amount due defendant for goods sold and delivered de fendant Mayhew, and for an accounting of the proceeds of certain goods received from Mayhew by Gotzian & Co. Defendant Gotzian & Co. alone answered, and filed what was to all intents and purposes a general denial.
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Appeal from, Woodbury District Qourt.- — ■ IIon. John E. Oliver, Judge. Suit in equity to recover of defendant Gotzian & Co. the amount due defendant for goods sold and delivered de fendant Mayhew, and for an accounting of the proceeds of certain goods received from Mayhew by Gotzian & Co. Defendant Gotzian & Co. alone answered, and filed what was to all intents and purposes a general denial. The case was tried to the court, resulting in a judgment for part of plaintiff’s claim. Both parties appeal; but, as Gotzian & Co. first served notice, it will be treated as appellant.—
1Opinion of the CourtDeemer, J.
Save for a ruling upon a motion to strike an amendment to the petition, filed after thé evidence had been taken and after the arguments had been made, but before the decision of the trial court, there is no need of re,ferring to the pleadings at length. Suffice it to say that in the original petition it was charged that Gotzian & Co. received from defendant Mayhew a certain stock of goods owned by him, in satisfaction of a claim held by it against him, and upon the further consideration that it would pay his outstanding indebtedness; that plaintiff was at that time one of Mayhew’s creditors…
2Cases cited3 opinions
- Pratt v. Fishwild & WilliamsSupreme Court of Iowa · 1903
- Rand v. WileySupreme Court of Iowa · 1886
- Jones v. MullinixSupreme Court of Iowa · 1868
3Cited by6 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Farmers Mercantile Co. v. Farmers Ins.Supreme Court of Iowa · 1913
- Sergeant v. LeonardSupreme Court of Iowa · 1981
- Thul v. WeilandSupreme Court of Iowa · 1931
- Ellis v. OliphantSupreme Court of Iowa · 1913
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