Pratt v. Western Stage Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. Action upon a note purporting to be signed by one Ogden “ for Western Stage Company,” the petition alleging that the consideration was money paid and advanced by plaintiff for defendant, and at its request. The original notice was returned served upon defendant by reading to Lawrence Whiteside, station agent at Centreville, Appanoose county, Iowa, for the Western Stage Company, and giving him a copy, etc.
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Appeal from Appanoose District Court. Action upon a note purporting to be signed by one Ogden “ for Western Stage Company,” the petition alleging that the consideration was money paid and advanced by plaintiff for defendant, and at its request. The original notice was returned served upon defendant by reading to Lawrence Whiteside, station agent at Centreville, Appanoose county, Iowa, for the Western Stage Company, and giving him a copy, etc. Judgment by default, and defendant appeals.
1Opinion of the CourtWright, J.
It is conceded that defendant is a copartnership, not a corporation. The law is, that service may be made upon such a company, either upon any member thereof, or upon any agent employed in the general management of its business. If it has an office or agency in any county (other than that in which the principal resides), service can be made upon any clerk or' agent employed therein, in all actions growing out of or connected with the business of that office or agency. Rev. §§ 2826, 2827.
If, therefore, this station agent was employed in the general management of defendant’s business, this…
2Cases cited1 opinion
- McGregor v. GardnerSupreme Court of Iowa · 1864
3Cited by6 opinions
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Bauer v. BauerSupreme Court of Iowa · 1936
- Irions v. Keystone Manufacturing Co.Supreme Court of Iowa · 1883
- De Tar v. Boone CountySupreme Court of Iowa · 1872
- Gray v. WolfSupreme Court of Iowa · 1889
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