Knowlton v. Town of Guttenberg
Supreme Court of Iowa
Appeal from, the Clayton District Court. This is an action to recover for the use and hire of a steamboat. Tbe plaintiff states bis canse of action in substance, as follows: That he was the owner of eleven-sixteenths of the steam ferry boat, Eagle; that one Jack-man, by Hawthorn, his agent, falsely representing that he was tbe owner of said ferry boat, without tbe knowledge or consent of plaintiff, agreed with defendant for tbe hire of said boat, to run a ferry between tbe…
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Appeal from, the Clayton District Court. This is an action to recover for the use and hire of a steamboat. Tbe plaintiff states bis canse of action in substance, as follows: That he was the owner of eleven-sixteenths of the steam ferry boat, Eagle; that one Jack-man, by Hawthorn, his agent, falsely representing that he was tbe owner of said ferry boat, without tbe knowledge or consent of plaintiff, agreed with defendant for tbe hire of said boat, to run a ferry between tbe town of Guttenberg, and tbe opposite shore of tbe Mississippi river, for tbe term of sixty days, at tbe rate of eight…
1Opinion of the Court
Stockton, J.-
1. The demurrer was properly sustained. The petition is fatally defective. It contains no averment that the dispute about the title of the boat, had been settled, or that it had, in any manner, been ascertained who was legally entitled to the eleventh-sixteenths of the price to be paid by defendant, for the use of the boat, which it was agreed that defendant should retain until the dispute was settled.
■ 2. It is not averred that defendant promised to pay to plaintiff the amount claimed, when the owners of the boat should be ascertained,,and without such promise, plaintiff’ cannot…
2Cited by3 opinions
- Kreps v. WebsterSupreme Court of Colorado · 1929
- Copeland v. Colorado State BankColorado Court of Appeals · 1899
- Copeland v. Colorado State BankColorado Court of Appeals · 1899