Vincent & Co. v. Berry
Supreme Court of Iowa
Appeal from Webster Circuit Court. The plaintiffs, residing and doing business as merchants at Eort Dodge, in this State, sold to the defendant their stock of goods and received therefor three promissory notes, executed by one Andrews and secured by a mortgage upon a house and lot in Allegan county, Michigan, and upon eighty aeres of land in Grand Traverse county, Michigan.
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Appeal from Webster Circuit Court. The plaintiffs, residing and doing business as merchants at Eort Dodge, in this State, sold to the defendant their stock of goods and received therefor three promissory notes, executed by one Andrews and secured by a mortgage upon a house and lot in Allegan county, Michigan, and upon eighty aeres of land in Grand Traverse county, Michigan. They also received for said stock a certain contract whereby one W. L. Heazle.t and one Frank TIenika purchased of the defendant a certain store building and lot in Allegan county, Michigan, and agreed to pay therefor the…
1Opinion of the CourtAdams, J.
1. vendor and • ureo!consideration. The defendant a short time before this trade was made had'been engaged in mercantile business in Michigan^ an^ -*ia<^ so^ 0ut there and removed to Fort Dodge, this State. The plaintiffs, being desirous of selling out their stock of goods and withdrawing from the business, conceived the idea of selling to the defendant. . They applied to him to know if he had not securities (the defendant says some Michigan securities) which he would exchange for their stock. Some conversation was had upon thé subject, and in the course of it the defendant took from his safe…
2Cases cited1 opinion
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Hetland v. BilstadSupreme Court of Iowa · 1908
- Hege v. SudermanSupreme Court of Kansas · 1935
- Simeon v. KlenzeMontana Supreme Court · 1923
- Seeberger v. HobertSupreme Court of Iowa · 1881