Legal Opinion

Donahue v. McCosh

Supreme Court of Iowa

Decided October 23, 1890PublishedCited by 11 opinions

Appeal from Des Moines District Court. — Hon. Chas. H. Phelps, Judge. Action, entitled as in equity, to recover an amount claimed to be due under a contract dissolving a partnership between plaintiff and defendant, and for certain items alleged to have been omitted from the settlement of said partnership, through fraud, accident or mistake.

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Appeal from Des Moines District Court. — Hon. Chas. H. Phelps, Judge. Action, entitled as in equity, to recover an amount claimed to be due under a contract dissolving a partnership between plaintiff and defendant, and for certain items alleged to have been omitted from the settlement of said partnership, through fraud, accident or mistake. The defendant answered pleading a former adjudication as a bar to plaintiff’s action, and denying that anything was due to plaintiff under the contract. Also denying that the items named were omitted from the settlement through fraud, accident or mistake,…

1Opinion of the CourtG-iyen, J.

' diction:' ac-IS I. The defendant moved to transfer the case to the law docket. This motion was filed some time before the trial, but not ruled upon until the entering of the final decision when it was overruled, to which defendant excepted. It does not appear that this motion was called to the attention of the court before the trial began, nor that the defendant made any objection to proceeding to try the- case in the manner in which it was tried. Each party asks an accounting as to items omitted through fraud, accident or mistake from a settlement had between them ; either of which…

2Cases cited1 opinion

  1. Lamb v. McConkeySupreme Court of Iowa · 1888

3Cited by11 opinions

  1. Tucker v. StewartSupreme Court of Iowa · 1903
  2. Kwentsky v. SirovySupreme Court of Iowa · 1909
  3. Hogle v. SmithSupreme Court of Iowa · 1907
  4. Equitable Life Insurance v. RoodSupreme Court of Iowa · 1928
  5. Sigmond v. BebberSupreme Court of Iowa · 1898

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