Warder, Bushnell & Glessner Co. v. Cuthbert
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action at. law for the fraudulent conversion of certain notes. The defense was the statute of limitations, a denial of the allegations of the petition, and a claim that the defendant is a good-faith holder of the notes, for value. The case was tried to a jury, resulting in a verdict and judgment for the plaintiff in the sum of one thousand four hundred dollars. Defendant appeals.
1Opinion of the CourtDeemer, J.
1 On the ninth day of November, 1888, the plaintiff appointed one James Woods its agent for the sale of mowers and reapers in and about the town of Newell, in Buena Yista county. The appointment was in writing, and contained the following, among other conditions: “And in case these machines are not all sold during the continuance of this contract, then the first party may, at their option, either charge the entire net price of such unsold machines to the second party, in which case the second party shall make payment for such *683unsold machines, either in the notes of responsible farmers due at…
2Cases cited2 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Woodward v. HarlowSupreme Court of Vermont · 1856
3Cited by2 opinions
- Padgett v. CollinsCourt of Appeals of Georgia · 1954
- Padgett v. CollinsCourt of Appeals of Georgia · 1954