S. C. & P. R. Co. v. Walker
Supreme Court of Iowa
'Appeal from Linn District Court. Action at law. The plaintiff alleges that defendant, as the agent of plaintiff, received and disbursed large sums of money on its account; that, pretending he had paid to one Dawley for the purchase of certain lands three thousand and forty dollars, he caused himself to he credited upon plaintiff’s books with that sum.
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'Appeal from Linn District Court. Action at law. The plaintiff alleges that defendant, as the agent of plaintiff, received and disbursed large sums of money on its account; that, pretending he had paid to one Dawley for the purchase of certain lands three thousand and forty dollars, he caused himself to he credited upon plaintiff’s books with that sum. The petition then proceeds in the following language: “3. And the plaintiff further says that afterward, and on or about the 5th day of March, 1870, the said defendant pretended and charged that he had expended and paid out of the funds…
1Opinion of the CourtBeck, J.
I. There was evidence introduced to the jury tending to prove that defendant had paid to Dawley and Holbrook the sums set out in the petition for the purchase of the same lands, thus making double payments for the property. The testimony also tended to show that both Dawley and Holnbrook were agents or employes of plaintiff, charged with the duty of making purchase of the lands. The defendant caused himself to be credited upon the books of the company with the sums paid to both Dawley and Holbrook.
The court gave to the jury the following instruction as applicable to this evidence:
“1. You are…
2Cited by5 opinions
- Robert M. Nordgren v. Burlington Northern Railroad Company, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1997
- State v. KyneSupreme Court of Iowa · 1892
- St. Paul Fire & Marine Insurance v. BiggerSupreme Court of Kansas · 1919
- Graeser v. JonesSupreme Court of Iowa · 1933
- Robert M. Nordgren v. Burlington Northern Railroad Company, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1997