Legal Opinion

Groeltz v. Cole

Supreme Court of Iowa

Decided June 14, 1905PublishedCited by 2 opinions

Appeal from Jackson■ District Cov/rt.— Hon. A. J. House, Judge. Suit in equity to recover tbe proceeds of certain cor- • porate shares of stock received by tbe defendants Cole and Cole from tbe assets' of the Germania Land & Investment Company. Defendants denied plaintiff’s ownership of the stock, and pleaded other defenses, to some of which we shall have occasion to refer during the course of the opinion. The trial court dismissed the petition, and plaintiff appeals. — •

1Opinion of the CourtDeemer, J.

The firm of Bertelsen & Groeltz, of which plaintiff "was a member, purchased of defendant Eli Cole fifty shares of stock in the Germania Land & Investment Company, agreeing to pay something like $1,500 therefor. As part of the purchase price they gave Cole a note for *342$381, and it was agreed .that the stock should stand in the name of Oole upon the books of the company, and that he should retain possession of the certificates as collateral security for the note. The stock was not' paid up, but was subject to calls and assessments, which it was agreed Oole should pay, and hold tire stock as…

2Cases cited6 opinions

  1. Robinson v. HurleySupreme Court of Iowa · 1860
  2. Joseph v. DavenportSupreme Court of Iowa · 1902
  3. Loetscher v. DillonSupreme Court of Iowa · 1903
  4. Yetzer v. ApplegateSupreme Court of Iowa · 1882
  5. Carr v. HouserSupreme Court of Georgia · 1872

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3Cited by2 opinions

  1. Blessett v. TurcotteNorth Dakota Supreme Court · 1912
  2. Commerce Trust Co. v. HettingerMissouri Court of Appeals · 1914

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