Blair Town Lot & Land Co. v. Walker
Supreme Court of Iowa
Appeal from Linn District Gowrt. Action to recover certain moneys received by the defendant as assistant treasurer and general agent of the Iowa Railroad Contracting Company, which it is alleged he has converted to his own use, and it is alleged the claim has been assigned to the plaintiff.
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Appeal from Linn District Gowrt. Action to recover certain moneys received by the defendant as assistant treasurer and general agent of the Iowa Railroad Contracting Company, which it is alleged he has converted to his own use, and it is alleged the claim has been assigned to the plaintiff. After issue had been joined the court, upon plaintiff’s motion and against defendant’s objection, sent the -case to a referee, who made report of the evidence, his .findings of fact and law, and the court rendered judgment ■thereon for the plaintiff. The defendant appeals.
1Opinion of the CourtSeevers, J.
í equitable compulsory’ referenoe. I. It is objected that the court did not have tthe power and authority to refer this cause against the objections of the defendant. A determination of this question requires a full statement of the pleadingS. The petition seeks to recover of the defendant certain money intrusted to him in 1863, 1865, 1868 and .1869, as assistant treasurer and general agent of the Iowa .Eailroad Contracting Company, for which he had failed and refused to account.
The answer admitted the receipt of the money, but denied ¡any indebtedness therefor, and it is averred “that the…
2Cases cited2 opinions
- McMartin v. BinghamSupreme Court of Iowa · 1869
- Benedict v. HuntSupreme Court of Iowa · 1871
3Cited by10 opinions
- First National Bank v. Fireproof Storage Building Co.Supreme Court of Iowa · 1925
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Mayo v. HalleySupreme Court of Iowa · 1904
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- Burt v. HarrahSupreme Court of Iowa · 1885
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