Loomis, Conger & Co. v. Simpson
Supreme Court of Iowa
Appeal from the Dubuque City Court. / This action was brought to recover of defendant a sum /of money wbicb plaintiffs allege to be due for goods deli- / vered to be sold on commission, for which he has failed to account. Defendant insists that he was instructed to sell a portion of the goods in Dubuque — to ship the other east and south — that he has accounted for all those sold either in Dubuque or elsewhere, for which he (defendant) has received payment.
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Appeal from the Dubuque City Court. / This action was brought to recover of defendant a sum /of money wbicb plaintiffs allege to be due for goods deli- / vered to be sold on commission, for which he has failed to account. Defendant insists that he was instructed to sell a portion of the goods in Dubuque — to ship the other east and south — that he has accounted for all those sold either in Dubuque or elsewhere, for which he (defendant) has received payment. Trial, and judgment for plaintiffs. ‘ Story Ag., § 2.01; 1 Pars. Cont., 72; Foster v. Preston, 8 Cow., 198; Moon v. The Guardians of the…
1Opinion of the Court
J.
The points made arise upon certain instructions, given and refused.'' The instructions given we need not notice, as “ the charge ” was excepted to as a whole, and it is not now pretended it is all erroneous. The action was commenced in May, 1861, and upon the authority of The Davenport Gas Light and Coke Company v. The City of Davenport, and Wilhelmi v. Leonard et al., ante, this method of excepting presents no question for our examination.
' Two instructions were asked and refused, as follows:
1. If the jury believe that Simpson asked plaintiffs whether he should send the goods to Memphis…
2Cited by5 opinions
- Fanset v. Garden City State BankSouth Dakota Supreme Court · 1909
- Smith v. Jefferson BankMissouri Court of Appeals · 1906
- O'Conner v. ArnoldIndiana Supreme Court · 1876
- Fargo v. CravensSouth Dakota Supreme Court · 1897
- Rowen v. SommersSupreme Court of Iowa · 1896