McPhail & Co. v. Hyatt
Supreme Court of Iowa
Appeal from, Clinton District Court. Thursday, -July 21. Plaintiffs declare for $325, -with interest, which they claim to be due them, as part consideration for a piano sold and delivered by them to defendant.
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Appeal from, Clinton District Court. Thursday, -July 21. Plaintiffs declare for $325, -with interest, which they claim to be due them, as part consideration for a piano sold and delivered by them to defendant. The contract was in writing, dated December 1, 1868, and' by it defendant undertook to pay one Brink for the piano, li bought of him,” $625, the first payment (that here sued for), becoming due June 1, 1869. It is alleged that Brink was plaintiff’s agent in making said sale, and that he afterward (January 5, 1869), assigned the contract to one of plaintiffs for their use and benefit,…
1Opinion of the Court
"Weight, J.
i. pleading : practice. ' There seems to be no escape from the proposition, that, upon one ground (it may be technical, and yet how vital to the merits of the controversy we cannot know), this judgment must be reversed.
If plaintiffs were not the owners of the piano, and if the instrument given therefore to Brink was not assigned before the judgment against the garnishee, it follows, almost, if not quite, necessarily, that such judgment would be a complete defense to this action. It is not claimed in the petition that plaintiffs were the real parties in interest, otherwise than by…
2Cases cited9 opinions
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
- Brown v. SomervilleCourt of Appeals of Maryland · 1855
- Harmon v. BirchardIndiana Supreme Court · 1847
- Meeker v. SandersSupreme Court of Iowa · 1858
- Cook v. FieldSupreme Court of Alabama · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hanenkratt v. HamilSupreme Court of Oklahoma · 1900
- Dean v. AtkinsonSupreme Court of Iowa · 1926
- Hine v. K. & D. M. R.Supreme Court of Iowa · 1876
- Little v. SturgisSupreme Court of Iowa · 1905
- Hanenkratt v. HamilSupreme Court of Oklahoma · 1900
1 more not listed; retrieve them via the Exa API.