Norris & Cochran v. Howard
Supreme Court of Iowa
Appeal from Jasper Circuit Court. The petition states that the plaintiffs, as the firm of Norris & 'Cochran, purchased of defendant the grain elevator at Prairie City, and in consideration thereof, and of-his good will in the grain business at said place, and of his agreement to go' out of the grain and produce business at said place, they paid defendant down $1,000, and executed their notes for $1,800, secured by a chattel mortgage on the elevator.
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Appeal from Jasper Circuit Court. The petition states that the plaintiffs, as the firm of Norris & 'Cochran, purchased of defendant the grain elevator at Prairie City, and in consideration thereof, and of-his good will in the grain business at said place, and of his agreement to go' out of the grain and produce business at said place, they paid defendant down $1,000, and executed their notes for $1,800, secured by a chattel mortgage on the elevator. That in a few days thereafter defendant became a silent partner with one James H. Elliot, and with him carried on a general grain and produce…
1Opinion of the Court
Day, J. —
The court in rendering his decision made the fob lowing findings and conclusions:
“That said notes and. mortgage .to''secure the. same-.were given in consideration.,of the sale, by said Howard to plain*511tiff, of an elevator and fixtures, and the further consideration that said Howard would not afterward engage in the business at said place.. That defendant did thereafter .engage' in such business from about the last of April, 1872, to the first of August, 1872, by being a silent partner of one Elliott, and furnishing him money with which to buy grain, and sharing in the profits thereof.…
2Cited by6 opinions
- Faust v. . RohrSupreme Court of North Carolina · 1914
- Engel v. VernonSupreme Court of Iowa · 1974
- Merica v. BurgetIndiana Court of Appeals · 1905
- Menefee v. RankinsCourt of Appeals of Kentucky · 1914
- Schluter v. McLeodCourt of Appeals of Texas · 1917
1 more not listed; retrieve them via the Exa API.