Work Bros. & Co. v. McCoy
Supreme Court of Iowa
Appeal from Taylor District Court. — He®. J. W. Harvey, Judge. Action to recover four hundred and twelve dollars on account for goods sold and delivered November 15, 1889. The plaintiffs seek to charge the defendants with said goods upon two grounds, namely, that they were sold to them as a copartnership, and that they were purchased of the plaintiffs by McCoy on credit, in pursuance of a conspiracy between the defendants to defraud the plaintiffs and others.
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Appeal from Taylor District Court. — He®. J. W. Harvey, Judge. Action to recover four hundred and twelve dollars on account for goods sold and delivered November 15, 1889. The plaintiffs seek to charge the defendants with said goods upon two grounds, namely, that they were sold to them as a copartnership, and that they were purchased of the plaintiffs by McCoy on credit, in pursuance of a conspiracy between the defendants to defraud the plaintiffs and others. The conspiracy charged is that Lord, being the owner of a stock of merchandise, and the lot and building where the same was kept, in…
1Opinion of the CourtGiven, J.
swer to amend-motion to strike. — I. The appellant’s first complaint is of the ruling striking parts of his answer to the amended petition. That he took the chattel mortgage m good faith was already m issue under the denials m the answer. His good faith m taking and foreclosing the mortgage was only questioned upon the ground that there was a conspiracy. If there was no conspiracy as charged, then the mortgage and its foreclosure was valid. The foreclosure was stated to show the consummation of the alleged conspiracy, and not that it was void because of any irregularities. The plaintiffs’…
2Cases cited2 opinions
- State v. GrantSupreme Court of Iowa · 1892
- Miller v. DaytonSupreme Court of Iowa · 1881
3Cited by6 opinions
- De Wulf v. DixSupreme Court of Iowa · 1900
- Jolly v. DoolittleSupreme Court of Iowa · 1914
- Mowry v. ReinkingSupreme Court of Iowa · 1927
- Blair v. McQuarySupreme Court of Kansas · 1917
- Evans v. BursonSupreme Court of Oklahoma · 1917
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