Legal Opinion

First National Bank v. Dubuque Southwestern Railway Co.

Supreme Court of Iowa

Decided December 2, 1879PublishedCited by 14 opinions

Appeal from Linn District Court. Ti-ie plaintiff filed a petition in equity alleging that R. Gr. Brock & Co., a partnership, furnished to the Dubuque Southwestern Railway Company twenty-six car loads of coal, on account of which said railway company became indebted to said Brock & Co. in the sum of $1200, and was so indebted on the 21st day of February, 1877; that the said Brock & Co., being desirous of transferring and assigning said claim of $1200 to the plaintiff, did,…

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Appeal from Linn District Court. Ti-ie plaintiff filed a petition in equity alleging that R. Gr. Brock & Co., a partnership, furnished to the Dubuque Southwestern Railway Company twenty-six car loads of coal, on account of which said railway company became indebted to said Brock & Co. in the sum of $1200, and was so indebted on the 21st day of February, 1877; that the said Brock & Co., being desirous of transferring and assigning said claim of $1200 to the plaintiff, did, for value, assign and transfer the same in writing to the plaintiff in words and figures following, to-wit: “$1200.…

1Opinion of the CourtDay, J.

i draft: asiimd-101inteu11 on’ . The evidence establishes the existence of the following facts: In January,'February and March, 1877, R. Gr. Brock & Co. delivered to the defendant tweutys^x car loads of coal, of the value of $1200. Óf these, fourteen cars, of the value of $653.96, were delivered prior to the 21st of February, and twelve car loads, . of the value of $546.24, were delivered subsequently to 21st of February, 1877. Under the arrangement between the parties, coal delivered during any month was to be paid for on the 15th of the following month. On the 21st day of February, 1877, A.…

2Cases cited3 opinions

  1. Walker v. MauroSupreme Court of Missouri · 1853
  2. McWilliams v. Webb & SonSupreme Court of Iowa · 1871
  3. Harrison v. WilliamsonNew York Court of Chancery · 1835

3Cited by14 opinions

  1. Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
  2. Harrison v. WrightIndiana Supreme Court · 1885
  3. Schollmier v. SchoendelenSupreme Court of Iowa · 1889
  4. Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
  5. Hove v. Stanhope State BankSupreme Court of Iowa · 1908

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