Sommer v. Cate

Wright, J.,

dissenting. — If I did not believe that this precise question had been presented in the pleadings and arguments, and decided by this court, I might possibly yield to the construction above given to the statute. In Bowen & King v. Hale (4 Iowa, 430), however, plaintiffs sued before a justice for* the value of a demijohn of brandy, lost by the defendant as a common carrier.

Defendant demurred because the petition “ did not show that plaintiffs were agents duly appointed by law.” This was overruled. The answer sets up that the “ agreement to convey was void,” and that the “ laws of…