Legal Opinion

Padden v. Clark

Supreme Court of Iowa

Decided April 11, 1904PublishedCited by 2 opinions

Appeal from Butter District Court.— Hon. Glieeobd P. Smith, Judge. Action to recover a sum of money due on account for goods sold and delivered by plaintiff to defendants. Trial without a jury. Judgment for defendants. Plaintiff appeals.

1Opinion of the CourtMcClain, J.

The petition, as originally filed, alleged that the defendants were doing business as a copartnership under, the firm name and style of Clark & Co., at Charles City, Iowa, and that as such partnership they bought of plaintiff the goods and merchandise specified in the account attached to the petition. Notice of the' action, however, was sérved only upon P. J. Clark. Subsequently plaintiff amended his petition so as to allege that defendants were doing business in the firm name and style of Clark & Co. and of P. J. Clark. Afterwards plaintiff further amended his petition by averring “ that…

2Cases cited3 opinions

  1. Hook v. Garfield Coal Co.Supreme Court of Iowa · 1900
  2. Taylor v. TaylorSupreme Court of Iowa · 1900
  3. Harkins v. Edwards & TurnerSupreme Court of Iowa · 1855

3Cited by2 opinions

  1. Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
  2. Oskaloosa Savings Bank v. MillerSupreme Court of Iowa · 1920

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