Legal Opinion

Hoaglin v. C. M. Henderson &. Co.

Supreme Court of Iowa

Decided April 9, 1903PublishedCited by 16 opinions

Appeal from, Wapello District Court. — Hon. Frank W. Eichelberger, Judge. Action by plaintiffs, as a partnership doing business' under the name of H. A. Hoaglin, to recover back a sum' of money paid to defendant’s agent as a part of the pur-' chase price of a bill of goods ordered of defendants through said agent, which order the defendants refused to accept and fill.

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Appeal from, Wapello District Court. — Hon. Frank W. Eichelberger, Judge. Action by plaintiffs, as a partnership doing business' under the name of H. A. Hoaglin, to recover back a sum' of money paid to defendant’s agent as a part of the pur-' chase price of a bill of goods ordered of defendants through said agent, which order the defendants refused to accept and fill. Defendants admit that the money sued for was-paid to their agent for the purpose alleged by plaintiffs, and that the order was never accepted or filled by defendants, but allege, by way of answer, that the payment of the money…

1Opinion of the CourtMcClain, J.

The nature of the controversy involved in this case, and the questions of law arising therein, will be better understood from a brief narrative of the facts as shown in the' evidence: H. A. Hoaglin had been engaged in business at Mt. Pleasant, and in January, 1900, sold out his business, receiving therefor a sum in cash entirely insufficient to pay the indebtedness contracted by him in conducting his business. Being without other property or resources, he proceeded to settle with his creditors, who were pressing for payment of their respective claims, by paying to each a portion of the…

2Cases cited24 opinions

  1. Dob & Dob v. HalseyNew York Supreme Court · 1819
  2. Haas v. ShawIndiana Supreme Court · 1883
  3. Artman v. FergusonMichigan Supreme Court · 1888
  4. Heacock v. HeacockSupreme Court of Iowa · 1899
  5. De Graum, Aymar & Co. v. JonesSupreme Court of Florida · 1887

19 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Baker v. SyfrittSupreme Court of Iowa · 1910
  2. Stewart v. ToddSupreme Court of Iowa · 1919
  3. Rule v. CareySupreme Court of Iowa · 1916
  4. Shaw v. Centerfield Oil Co.Court of Appeals of Texas · 1928
  5. In re Estate of DeanerSupreme Court of Iowa · 1905

11 more not listed; retrieve them via the Exa API.

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