Grey v. Callan
Supreme Court of Iowa
Appeal from Iowa District Court.— I-Ion. O. A. Byington, Judge. Action at law to hold defendant liable for money loaned a co-partnership, known as M. Callan, Jr., & Co., of which firm it is charged defendant was either an actual or an ostensible member. The case was tried to the court without a jury, resulting in a judgment for plaintiff, and defendant appeals.—
1Opinion of the Court
Deemer, J.—
1. Partnership: evidenceof membership. It is shown without dispute that plaintiff, at various times during the years 1901,'1902, and 1903, loaned to M. Callan, Jr., & Co. sums of money aggregating nearly $500, and it is charged that defendant . _ was either an actual or ostensible member of the firm to which the money was loaned. Defendant denied that he was a member of the firm. He also averred that the said Callan, Jr., & Co. was engaged in the saloon business, and that whatever money was loaned was to enable it to carry on this business. To show that, as we suppose, the…
2Cases cited4 opinions
- Adams v. . MorrisonNew York Court of Appeals · 1889
- Southwick & Wheelock v. McGovernSupreme Court of Iowa · 1870
- Brockway v. HallerSupreme Court of Iowa · 1881
- Wood v. PennellSupreme Judicial Court of Maine · 1863
3Cited by2 opinions
- Bankers Surety Co. v. Willow Springs Beverage Co.Nebraska Supreme Court · 1920
- First National Bank v. MessnerNorth Dakota Supreme Court · 1916