Nothem v. Londergan
Supreme Court of Iowa
Appeal from Cherokee District Court. — Hon. E. B. Gay-nor, Judge. Action to recover a sum of money paid by one Nothem during his lifetime to E. J. Edmonds, now deceased, and to defendant Londergan. It is claimed that said payment was made through mistake, or that the payment was not taken into account in a settlement of partnership affairs of H. Nothem & Co., of which firm all parties were members.
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Appeal from Cherokee District Court. — Hon. E. B. Gay-nor, Judge. Action to recover a sum of money paid by one Nothem during his lifetime to E. J. Edmonds, now deceased, and to defendant Londergan. It is claimed that said payment was made through mistake, or that the payment was not taken into account in a settlement of partnership affairs of H. Nothem & Co., of which firm all parties were members. Defendants denied that there was any mistake or overpayment, and claimed that they received less than they were entitled to on the partnership settlement. On these issues the case was tried to the…
1Opinion of the CourtDeemer, J.
— The firm of H. Nothem & Oo., composed of Nothem, E. J. Edmonds and S. Londergan, was engaged in the lumber, coal, grain, and live stock business at the towns of Bemsen and Oyens, in this state. It was dissolved in September of the year 1904, Nothem becoming the sole owner of the business, he purchasing the interest *148of each of his copartners. Prior to the making of the contract of purchase and. of dissolution, an invoice under date of August 1 was made of the stock and business of the partnership, and this invoice was made a part of the contract. This contract, so far as material, reads as…
2Cases cited5 opinions
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- Mollison v. RittgersSupreme Court of Iowa · 1908
- Clinton Savings Bank v. UnderhillSupreme Court of Iowa · 1901
- Stolenburg v. DiercksSupreme Court of Iowa · 1902
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1906
3Cited by1 opinion
- Edler v. FickSupreme Court of Iowa · 1961