Molyneux v. Julius
Supreme Court of Iowa
Appeal from Gherolcee District Court. — William Hutchinson, Judge. Action to recover for services and serum used in the treatment of hogs for cholera resulted in verdict and judgment for plaintiff. The defendant appeals.
1Opinion of the CourtLadd, J.
1. Pleading: presumptions need no supporting allegation. I. The defendant had hogs in the stockyards at Cherokee, which he had shipped from outside of the state, and had arranged to sell them at auction about the 6th of November, 1915. These hogs were required to be quarantined; and, as plaintiff alleged, defendant concluded to have them treated for hog cholera, if purchasers so desired, and entered into an oral agreement with plaintiff’s assignor, W. H. Horn, so to do, and to explain to prospective purchasers the method of treating them, the result, and the absence of danger therein.…
2Cases cited4 opinions
- Stewart v. GorhamSupreme Court of Iowa · 1904
- American Express Co. v. Des Moines National BankSupreme Court of Iowa · 1915
- Smith v. RedmondSupreme Court of Iowa · 1909
- Slocum v. BrownSupreme Court of Iowa · 1898
3Cited by3 opinions
- Bliss v. WatsonSupreme Court of Iowa · 1929
- Anderson v. Royal HighlandersSupreme Court of Iowa · 1923
- Farmers Savings Bank of New Albin v. BungeSupreme Court of Iowa · 1930