Swartley v. Oak Leaf Creamery Co.
Supreme Court of Iowa
Appeal from Allamakee District Court.— Hon. A. N. Hob-son, Judge. The petition contains twenty-four paragraphs, all stated in one count.
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Appeal from Allamakee District Court.— Hon. A. N. Hob-son, Judge. The petition contains twenty-four paragraphs, all stated in one count. It alleged the existence of the Oak Leaf Creamery Company and Waukon Excelsior Creamery Company as corporations engaged in manufacturing, buying, shipping, and dealing in dairy products during the year 1896; that W. W., G. L., and J. E. Hubbell were the owners of the majority of the stock in each company, and that W. W. Hubbell was president and G. L. Hubbell secretary and manager of each; that the business of both corporations was conducted by G. L. Hubbell…
1Opinion of the CourtLadd, J.
1. Negotiable instruments:joint and several liability. The action is against seven defendants, and the order of court required plaintiff to “ separate each o-f his distinct and separate causes of action sued on, and present each of said causes of action in cases in his favor against the respective defendants as defendants.” This is the only ruling on the several motions, and it is not sufficiently explicit to indicate clearly the defects sought to he remedied, and, to determine whether the order was erroneous, it is essential to inquire if there was any misjoinder of causes of action or of…
2Cases cited11 opinions
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Patterson v. StewartSupreme Court of Minnesota · 1889
- National Pahquioque Bank v. First National BankSupreme Court of Connecticut · 1870
- City Insurance v. Commercial BankIllinois Supreme Court · 1873
- Stewart v. Waterloo Turn VereinSupreme Court of Iowa · 1887
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3Cited by10 opinions
- Bennett Savings Bank v. SmithSupreme Court of Iowa · 1915
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- Bates v. BrooksSupreme Court of Iowa · 1937
- Stoltz v. ScottIdaho Supreme Court · 1912
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