Waller v. Davis
Supreme Court of Iowa
Appeal from, Dubuque Oi/reuit Oourt. Action upon a promissory note purporting to be executed to tbe plaintiff by Atherton, Davis &' Co. The plaintiff avers in his petition that the defendants, A. S. Davis, M. Kingman and J. H. Hulbert, and one Atherton, were at the time of the execution of the note copartners in business under the firm name of Atherton, Davis & Co.; and that as such part-. ners they executed to the plaintiff the note in suit.
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Appeal from, Dubuque Oi/reuit Oourt. Action upon a promissory note purporting to be executed to tbe plaintiff by Atherton, Davis &' Co. The plaintiff avers in his petition that the defendants, A. S. Davis, M. Kingman and J. H. Hulbert, and one Atherton, were at the time of the execution of the note copartners in business under the firm name of Atherton, Davis & Co.; and that as such part-. ners they executed to the plaintiff the note in suit. Notice was served on Hulbert alone. For answer he pleaded a general denial. There was a trial to a jury, and verdict and judgment were rendered for the…
1Opinion of the Court
Adams, J.;
The undisputed facts are that the defendants and Atherton entered into a copartnership under the name of Atherton, Davis & Co., by written articles, on the, 17th day of May, 1871. While the copartnership continued they became indebted to the plaintiff for the amount for which the note was given. The note was executed on the 1st day of March, 1872, by Atherton, by affixing thereto the firm name. Before that time, however, Hulbert had ceased to take an active part in the business of the firm, and he claims that he had withdrawn from the firm, and had ceased to be a member of the firm,…
2Cases cited1 opinion
- Spaunhorst v. LinkSupreme Court of Missouri · 1870
3Cited by5 opinions
- Brewster v. ReelSupreme Court of Iowa · 1888
- Ellebracht Ex Rel. Ellebracht v. SiebringDistrict Court, W.D. Missouri · 1981
- Moss v. GottliebSupreme Court of Iowa · 1953
- Hogendobler v. LyonSupreme Court of Kansas · 1873
- Stockhausen v. JohnsonSupreme Court of Iowa · 1916