Charlton v. Sloan
Supreme Court of Iowa
Appeal from Marshall District Court. Action in chancery to dissolve a partnership, and to settle its affairs. A decree to that effect was entered, and provision was made for the division of the assets of the firm. The costs incurred in the case, and the expenses made by the receiver who was appointed upon plaintiff’s application to take charge of the property and business of the firm, were directed by the decree to be paid out of the money in the hands of the receiver.
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Appeal from Marshall District Court. Action in chancery to dissolve a partnership, and to settle its affairs. A decree to that effect was entered, and provision was made for the division of the assets of the firm. The costs incurred in the case, and the expenses made by the receiver who was appointed upon plaintiff’s application to take charge of the property and business of the firm, were directed by the decree to be paid out of the money in the hands of the receiver. Plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. The petition alleges that plaintiff and defendant, under a written agreement, entered into a co-partnership for the sale of jewelry, books, stationery, etc. The contract is set out by copy as an exhibit to the petition. It is shown that plaintiff paid into the concern cash or its equivalent equalling the amount of the stock he was required to pay under the contract. It is alleged and charged that defendant, with the dishonest intention to defraud plaintiff, made false and “blind” entries in the books of the firm, and drew out and misapplied the money of the firm, and failed to charge…
2Cases cited2 opinions
- Frost v. ParkerSupreme Court of Iowa · 1884
- Hoff v. OlmsteadSupreme Court of Iowa · 1885
3Cited by8 opinions
- City of Austin v. Houston Lighting & Power Co., Texas Court of Appeals, 5th District (Dallas)1992
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Boggs v. DouglassSupreme Court of Iowa · 1893
- Exchange Bank v. GardnerSupreme Court of Iowa · 1897
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