Bowman v. Brown
Supreme Court of Iowa
Appeal from Polk Ci/rouit Omirt. Action upon a bond executed by defendant Brown, and two sureties, conditioned tbat Brown, while in the employment of plaintiff as book-keeper and clerk, shall render true account for and pay .all moneys coming into bis hands in the course of his employment to plaintiff. The cause was continued as to the .sureties.
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Appeal from Polk Ci/rouit Omirt. Action upon a bond executed by defendant Brown, and two sureties, conditioned tbat Brown, while in the employment of plaintiff as book-keeper and clerk, shall render true account for and pay .all moneys coming into bis hands in the course of his employment to plaintiff. The cause was continued as to the .sureties. Brown answered, admitting the receipt of the moneys charged in the petition, but alleging that he had accounted for and paid over the same. He further pleaded as a counter claim that plaintiff had caused him to be accused of and indicted for larceny,…
1Opinion of the Court
Beck, Ch. J.
— I. The defendant Brown in his answer admitted the receipt by him of the identical sums of money which he is charged with appropriating to his own use in the petition, but he alleged that he accounted therefor and paid the same as required in the discharge of his duty. There was evidence introduced by him tending to support the allegations of his answer. Plaintiff introduced evidence, consisting of hi's books of account and other testimony, tending to show that defendant had failed to' account for certain moneys received by him in the course of his employment. Upon the issues…
2Cases cited1 opinion
- Moffatt v. FisherSupreme Court of Iowa · 1877
3Cited by16 opinions
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- Short & Co. v. Spragins, Buck & Co.Supreme Court of Georgia · 1898
- Ross v. HixonSupreme Court of Kansas · 1891
- Heiman v. FelderSupreme Court of Iowa · 1916
- Kennedy v. BurbidgeUtah Supreme Court · 1919
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