Edwards & Beardsley v. Cottrell & Babcock
Supreme Court of Iowa
Appeal from Des Moines District Oourt. Massman, Helmuth & Foestinger, composing the Iowa Journal Company, as co-partners, sent an order to Cottrell & Babcock, of New Jersey, through Fergus & Son, agents, of Chicago, for a printing press, which was at once sent and delivered, $400 of the price being paid dowD. On the 1st of July, 1870, Massman, Helmuth & Co. leased rooms of Mellinger & Co., and they placed the printing press in and used it upon said premises.
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Appeal from Des Moines District Oourt. Massman, Helmuth & Foestinger, composing the Iowa Journal Company, as co-partners, sent an order to Cottrell & Babcock, of New Jersey, through Fergus & Son, agents, of Chicago, for a printing press, which was at once sent and delivered, $400 of the price being paid dowD. On the 1st of July, 1870, Massman, Helmuth & Co. leased rooms of Mellinger & Co., and they placed the printing press in and used it upon said premises. On August 80,1870, Helmuth and Foestinger, the remaining partner, Massman, having withdrawn, executed a chattel mortgage on the press to…
1Opinion of the CourtDay, J.
I. At the time of the filing of the report of the referee, May 24th, 1874, Wright was supposed to be solvent. Mellinger & Co., and -Cottrell & Babcock were satisfied with a judgment against him. The report of the referee exonerated Edwards & Beardsley from liability. The only party, therefore, who took exceptions before the referee, to his report, was Wright. Before judgment was rendered upon the report, Wright filed a motion to suspend proceedings against him for the reason that he had been adjudged a bankrupt, since the filing of the referee’s report. Thereupon Cottrell & Babcock, and…
2Cases cited1 opinion
- Oliver v. TownsendSupreme Court of Iowa · 1864
3Cited by21 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Hodgin v. TolerSupreme Court of Iowa · 1886
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
- Feister v. KentSupreme Court of Iowa · 1894
- Labaree v. KlostermanNebraska Supreme Court · 1891
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