Thompson & Co. v. Barnum & Co.
Supreme Court of Iowa
Appeal from Butler Circuit Court. This is an action of replevin for six plows of the alleged value of twenty-three dollars each. The cause was tried by the court, and a finding of facts was submitted by the court, as follows: I. Plaintiffs are a copartnership engaged in the manufacture and sale of agricultural implements at Beloit, Wisconsin. II.
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Appeal from Butler Circuit Court. This is an action of replevin for six plows of the alleged value of twenty-three dollars each. The cause was tried by the court, and a finding of facts was submitted by the court, as follows: I. Plaintiffs are a copartnership engaged in the manufacture and sale of agricultural implements at Beloit, Wisconsin. II. On the 2d day of March, 1877, Johnson & Searles, of Greene, Butler county, Iowa, executed the following instrument to plaintiffs: “Messrs. J. Thompson & Co., Beloit, Wisconsin: “1. We, the subscribers, of Greene, county of Butler, State of Iowa,…
1Opinion of the CourtDay, J.
1. principal and agent: sale on commission. The court did not err in holding that, under the terms of the order pursuant to which the property in question was shipped, the title did not pass from the plaintiffs to Johnston & Searles, and that they had no authority to dispose of it in payment of a preexisting debt which they owed the defendants. Under the terms of shipment Johnston & Searles were merely the agents of plaintiffs, with authority to dispose of the implements in the manner indicated in the order. To hold that they became either absolute or conditional purchasers of the plows, it…
2Cases cited2 opinions
- Conable v. LynchSupreme Court of Iowa · 1876
- Bayliss v. DavisSupreme Court of Iowa · 1877
3Cited by8 opinions
- Arbuckle Bros. v. Gates & BrownSupreme Court of Virginia · 1898
- Furst Bros. v. Commercial BankSupreme Court of Georgia · 1903
- National Bank v. GoodyearSupreme Court of Georgia · 1893
- In re KruseDistrict Court, N.D. Iowa · 1916
- McElwain-Barton Shoe Co. v. BassettCourt of Appeals for the Eighth Circuit · 1916
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