Legal Opinion

Merchants' Union Barb Wire Co. v. Rice

Supreme Court of Iowa

Decided October 25, 1886PublishedCited by 2 opinions

Appeal from Polh Circuit Court. Aotion for money bad and received. The plaintiff sued tlie defendant upon an itemized account in wliicb it claimed that, after allowing alL proper credits, there was due it a balance from the defendants.

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Appeal from Polh Circuit Court. Aotion for money bad and received. The plaintiff sued tlie defendant upon an itemized account in wliicb it claimed that, after allowing alL proper credits, there was due it a balance from the defendants. The defendants admitted that the account upon which the plaintiff sued was correct, except as to the amount of the credits allowed in their favor, and alleged certain counter-claims, and that they had a settlement of all matters of difference between them and the plaintiff, and that the plaintiff was paid in full the amount ascertained to be due it on said…

1Opinion of the CourtBecK, J.

I. The defendants allege a settlement, and that, under and in pursuance thereof, plaintiff’s claim was *15paid. They also pleaded a counter-claim for certain wire and other merchandise delivered to plaintiff. The settlement pleaded in the answer was made by a committee of plaintiff’s directors or officers. Plaintiff claims that this committee was only authorized to settle with I. N. Eice touching his dealings as treasurer of plaintiff, which office he held, and not with I. N. Eice & Co., a firm of which he was a member.

II. The plaintiff requested the court to instruct the jury that, if they…

2Cited by2 opinions

  1. Duncombe v. PowersSupreme Court of Iowa · 1888
  2. Buford v. DevoeSupreme Court of Iowa · 1895

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