Legal Opinion

Schoonover v. Osborne Bros.

Supreme Court of Iowa

Decided May 18, 1899PublishedCited by 32 opinions

Appeal from Jones District Court. — Lion. W. G. Thomx->-SON, Judge. ActoN against defendants, Osborne Bros., William M. Osborne, Lewis D. Osborne, and David Osborne, on a promissory note, and for the amount of an account against Osborne Bros., William M. Osborne, and Lewis D. Osborne, which it is claimed defendant David Osborne guarantied. The action was aided by attachment, which it is claimed was levied upon all the property of the defendants.

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Appeal from Jones District Court. — Lion. W. G. Thomx->-SON, Judge. ActoN against defendants, Osborne Bros., William M. Osborne, Lewis D. Osborne, and David Osborne, on a promissory note, and for the amount of an account against Osborne Bros., William M. Osborne, and Lewis D. Osborne, which it is claimed defendant David Osborne guarantied. The action was aided by attachment, which it is claimed was levied upon all the property of the defendants. Defendants Osborne Bros., William M. Osborne, and Lewis D. Osborne pleaded usury, and also a counterclaim on tbe attachment bond. Defendant David…

1Opinion of the Court

Deemer, J.-

1 — Prior to June 28, 1894, Shaw & Schoon-over was a co-partnership consisting of W. T. Shaw and plaintiff, doing a banking business in the city of Anamosa, Iowa. On that da.y the firm was dissolved, and plaintiff purchased, and became the sole owner of, the assets of the firm. Osborne Bros, is also a co-partnership, engaged in the livery business, and in the buying and selling of stock. Its members were William M. and Lewis D. Osborne. This co-partnership had been doing business with the firm of Shaw & Schoonover for many years prior to its dissolution, and continued to do…

2Cases cited26 opinions

  1. Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. Bell v. BruenSupreme Court of the United States · 1843
  3. Barns v. . BarrowNew York Court of Appeals · 1874
  4. Smith v. MontgomeryTexas Supreme Court · 1848
  5. Crompton v. PrattMassachusetts Supreme Judicial Court · 1870

21 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. American National Bank v. DonnellanCalifornia Supreme Court · 1915
  2. Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
  3. Schmidt v. McKenzieSupreme Court of Minnesota · 1943
  4. Oatman v. HamptonIdaho Supreme Court · 1927
  5. Schoonover v. OsborneSupreme Court of Iowa · 1902

27 more not listed; retrieve them via the Exa API.

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