Allen v. Brown
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action at law against defendant as the surviving partner of the firm of Bunnell & Co., for a balance due upon an account for money drawn in the usual course of business from the bank of plaintiff. The account was in the name of A. Bunnell, and the petition charges that the business of the firm was transacted in plaintiff’s bank under that name.
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Appeal from Polk Circuit Court. Action at law against defendant as the surviving partner of the firm of Bunnell & Co., for a balance due upon an account for money drawn in the usual course of business from the bank of plaintiff. The account was in the name of A. Bunnell, and the petition charges that the business of the firm was transacted in plaintiff’s bank under that name. The answer admits that defendant was a member of the firm, and alleges that the money charged in the account was advanced -upon the credit of A. Bunnell, and whatever portion was used in the business of the…
1Opinion of the CourtBeok, J.
The account sued on began December 1, 1870. It was balanced on the 12th of the same month, and the sum of $73.43 found due plaintiff At that day defendant entered into co-partnership with A. Bunnell, who was in the grain business. The firm thus formed bore the name of A. Bunnell & Co., and continued the business before conducted by Bunnell alone. It was agreed between the parties that the firm should continue their business with plaintiff' under the name of A. Bunnell, no change being made therein. Plaintiff was not advised of the change, nor was it known by him until after the death of…
2Cases cited1 opinion
- Allen v. CulverNew York Supreme Court · 1846
3Cited by8 opinions
- Hanson v. ManleySupreme Court of Iowa · 1887
- Sioux City Foundry & Manufacturing Co. v. MertenSupreme Court of Iowa · 1916
- Ida County Savings Bank v. SeidenstickerSupreme Court of Iowa · 1905
- Willey v. Crocker-Woolworth Nat. BankCalifornia Supreme Court · 1904
- Rodgers-Wade Furniture Co. v. WynnCourt of Appeals of Texas · 1913
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