Southwick & Wheelock v. McGovern
Supreme Court of Iowa
Appeal from General Term, Eighth Eishriet (Cedar County). In these actions plaintiffs seek to recover of defendant, as a partner in the firm of M. Mclnnerny & Co., for goods sold to the firm. Defendant denies that he was a member of the firm, and this constitutes his defense. Judgment for plaintiffs, upon a trial without a jury, in the District Court, in each case, was affirmed by the General Term; defendant appeals to this court.
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Appeal from General Term, Eighth Eishriet (Cedar County). In these actions plaintiffs seek to recover of defendant, as a partner in the firm of M. Mclnnerny & Co., for goods sold to the firm. Defendant denies that he was a member of the firm, and this constitutes his defense. Judgment for plaintiffs, upon a trial without a jury, in the District Court, in each case, was affirmed by the General Term; defendant appeals to this court. The facts, which are nearly the same in both cases, appear in the opinion; any difference is noticed.
1Opinion of the CourtBeck, J.
I. The facts disclosed by the records in these cases, so far as they are necessary for an understanding of the points ruled, we find to be as follows: The defendant and 1VI. Mclnnerny, on the 5th day of March, 1867, entered into a copartnership, under the style and name of M. Mclnnerny & Co., for the transaction of mercantile business. This copartnership was dissolved on the first of August of the same year. No notice of dissolution was published in the newspapers, but the fact was made known in Iowa .City, where the firm conducted business, and was as generally known there as the existence…
2Cases cited5 opinions
- Halliday v. McDougallNew York Supreme Court · 1838
- City Bank of Brooklyn v. . McChesneyNew York Court of Appeals · 1859
- Bristol v. SpragueNew York Supreme Court · 1832
- Kirby v. HewittNew York Supreme Court · 1858
- Martin v. SearlesSupreme Court of Connecticut · 1859
3Cited by9 opinions
- Anfenson v. BanksSupreme Court of Iowa · 1917
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Strecker v. ConnIndiana Supreme Court · 1883
- Ewing & Gaines v. TrippeSupreme Court of Georgia · 1884
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
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