Walton v. Mandeville, Dowling & Co.
Supreme Court of Iowa
Appeal from Mahaska GircvM Gov/rt. The plaintiff is a creditor of Harry Smith & Co., to the amount of $1,024.93. He brings this action to recover his claim from the defendants. His alleged right of action as against them is based upon two grounds: 1st, a general verbal promise , to pay the same; 2d, a verbal acceptance of an order for that amount. The defendants' pleaded a general denial, the statute of frauds, and want of consideration.
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Appeal from Mahaska GircvM Gov/rt. The plaintiff is a creditor of Harry Smith & Co., to the amount of $1,024.93. He brings this action to recover his claim from the defendants. His alleged right of action as against them is based upon two grounds: 1st, a general verbal promise , to pay the same; 2d, a verbal acceptance of an order for that amount. The defendants' pleaded a general denial, the statute of frauds, and want of consideration. There was a trial by jury, and a verdict and judgment were rendered for the plaintiff The defendants appeal.
1Opinion of the Court
Adams, Ch. J.
i. statute of frauds: when vSidiu paroL Harry Smith & Co. were subcontractors upon a railroad. They became indebted to the plaintiff by reason of the assumption of certain indebtedness P^111™ from their laborers. For the purp0se 0f paying such indebtedness they drew an order in the plaintiff’s favor upon the defendants, who were contractors upon the railroad and under whom the drawers were subcontractors. The order is in these words:
“Mandeville, Dowling & Co.: — Pay to John W. Walton-the sum of $1,024.93, and charge the same to the estimate of Harry Smith & Co.”
*598The jury found…
2Cases cited3 opinions
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Wakefield v. GreenhoodCalifornia Supreme Court · 1866
- Manley v. GeaganMassachusetts Supreme Judicial Court · 1870
3Cited by8 opinions
- French v. FrenchSupreme Court of Iowa · 1892
- Leach v. HillSupreme Court of Iowa · 1898
- Chicago Heights Lumber Co. v. MillerIllinois Supreme Court · 1905
- Barnett v. Boone Lumber Co.West Virginia Supreme Court · 1897
- Winburn v. Fidelity Loan & Building Ass'nSupreme Court of Iowa · 1900
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