Nixon v. Downey & Wolverton
Supreme Court of Iowa
Appeal from Taylor District Court.. The plaintiff’s petition alleges that# on the third day of October, 1873, the defendants were partners in the purchase and shipment of fat hogs; that they employed plaintiff to purchase hogs for them at a specified price, and to be delivered at a time and place agreed upon; that the plaintiff purchased and offered to deliver the liogs according to tbe contract, and that tbe defendants refused to receive them, whereby the plaintiff has…
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Appeal from Taylor District Court.. The plaintiff’s petition alleges that# on the third day of October, 1873, the defendants were partners in the purchase and shipment of fat hogs; that they employed plaintiff to purchase hogs for them at a specified price, and to be delivered at a time and place agreed upon; that the plaintiff purchased and offered to deliver the liogs according to tbe contract, and that tbe defendants refused to receive them, whereby the plaintiff has suffered damages in the sum of five hundred dollars. Wolverton alone was served with the original notice, and he alone…
1Opinion of the Court
Miller, Ch. J.
i okiginal vioo^'partnei'ship. This judgment must be reversed. There was no evidence whatever tending to show that any partnership had existed as alleged in the plaintiff’s petition, Indeed, the verdict of the jury finds that no such partnership existed, but it is rendered against a party who had never been served with notice of the action, or made an appearance therein. The original notice was served only on Wolverton. A service upon one partner during the existence of the partnership, gives the court jurisdiction over each member in an action against the firm. Saunders v.…
2Cases cited1 opinion
- Saunders v. BentleySupreme Court of Iowa · 1859
3Cited by1 opinion
- Lansing v. Bever Land Co.Supreme Court of Iowa · 1912