Capital Food Co. v. Globe Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James A. Howe; Judge. This is an action in equity for the recovery of assets of the defendant Globe Coal Company, and to have the same applied to the payment of a judgment against said company. The Globe Coal Company was a copartnership, consisting of one Bothne and defendant Wheeler. The proceeding is directed against the defendant Wheeler alone on the theory that he is in possession of the assets of the company.
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Appeal from Polk District Court. — Hon. James A. Howe; Judge. This is an action in equity for the recovery of assets of the defendant Globe Coal Company, and to have the same applied to the payment of a judgment against said company. The Globe Coal Company was a copartnership, consisting of one Bothne and defendant Wheeler. The proceeding is directed against the defendant Wheeler alone on the theory that he is in possession of the assets of the company. There was no service on the Globe Coal Company nor any appearance, nor was any relief asked against Bothne. There was 'a decree against the…
1Opinion of the CourtEvans, C. J.
On December 1, 1902, the defendants Wheeler and Bothne entered into articles of partnership. The partnership was organized exclusively for the business of buying and selling coal. The business was to be in the personal charge of Bothne. Wheeler put in all the capital, which was “not to exceed ten thousand dollars unless -otherwise arranged for by special agreement.” In May, 1903, Bothne entered into a contract with the plaintiff for the purchase of a large amount of “stock food, *136poultry food, lice killer,” etc. This contract was entered into by Bothne in the name of the Globe Coal Company.…
2Cases cited5 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
- Poole, Gilliam & Co. v. SeneySupreme Court of Iowa · 1885
- Sylvester, Hilton & Co. v. Henrich & TomlinsonSupreme Court of Iowa · 1895
- First National Bank v. BrubakerSupreme Court of Iowa · 1905
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