Carl v. Knott
Supreme Court of Iowa
Appeal from Cedar District Court. This is an action at law, brought by Carl,.the plaintiff, against Knott, the defendant, on an account. Knott and Carl, the plaintiff and defendant, formed a copartnership in the mercantile business, about the first day of January, A. D. 1857, and continued in business as partners until about the twenty-third day of January, A. D. 1858. Their place of business was Tipton, in Cedar county.
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Appeal from Cedar District Court. This is an action at law, brought by Carl,.the plaintiff, against Knott, the defendant, on an account. Knott and Carl, the plaintiff and defendant, formed a copartnership in the mercantile business, about the first day of January, A. D. 1857, and continued in business as partners until about the twenty-third day of January, A. D. 1858. Their place of business was Tipton, in Cedar county. About the twenty-third of January, 1858, they sold out to one Tomlinson. Knott soon afterwards left the county and went to Carson Yalley. At the time of the dissolution and…
1Opinion of the Court
Wright, Ch. J.
It is very manifest, from the report of the referee in the former case, the final decree, and from his testimony in this, (admitted without question or objection) that the account now sued for was not included in the final adjudication. From the record we conclude that the bill and pleadings contemplated a settlement of the entire accounts of the respective parties, plaintiff claiming that in such settlement-(including what he had paid for the firm and received of its assets, as well as from his individual accounts), defendant was largely his debtor. On the other hand,…
2Cases cited5 opinions
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