Legal Opinion

Smalley v. Greene

Supreme Court of Iowa

Decided October 27, 1879PublishedCited by 28 opinions

Appeal from, Dallas Circuit Court. The plaintiff filed his amended petition, alleging that the defendant was engaged in the practice of law in Adel, Dallas county, and on or about the 5th day of April, 1877, the plaintiff and defendant entered into a verbal agreement, by which the defendant agreed to sell his law business to plaintiff, including collections on hand and correspondence, office furniture and good will, the defendant at the same time, as apart of said agreement,…

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Appeal from, Dallas Circuit Court. The plaintiff filed his amended petition, alleging that the defendant was engaged in the practice of law in Adel, Dallas county, and on or about the 5th day of April, 1877, the plaintiff and defendant entered into a verbal agreement, by which the defendant agreed to sell his law business to plaintiff, including collections on hand and correspondence, office furniture and good will, the defendant at the same time, as apart of said agreement, agreeing that he would, from and after the 5th day of April, 1877, not continue or engage in the practice of his…

1Opinion of the CourtDay, J.

i. contract: feciiolfs!’001 I. The judgment of the court does not show upon what ground the demurrer was sustained. We think no damages can be recovered on account of the neglect of the defendant to turn over to the plaintiff the four *243thousand live hundred dollars of notes which the defendant liad in his hands for collection. It is presumed that the defendant’s clients selected him for the collection of these notes because they reposed confidence in his capacity and'integrity, or for some reason desired him, in preference to all persons else, to perform this service. The defendant had no…

2Cases cited5 opinions

  1. Hedge, Elliott & Co. v. LoweSupreme Court of Iowa · 1877
  2. Chappel v. BrockwayNew York Supreme Court · 1839
  3. Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1874
  4. Jenkins v. TemplesSupreme Court of Georgia · 1869
  5. Riddle v. BackusSupreme Court of Iowa · 1874

3Cited by28 opinions

  1. Yates v. BallSupreme Court of Florida · 1937
  2. Whitwell v. Continental Tobacco Co.Court of Appeals for the Eighth Circuit · 1903
  3. Storer v. BrockIllinois Supreme Court · 1933
  4. Dant v. HeadCourt of Appeals of Kentucky · 1890
  5. Beatty v. CobleIndiana Supreme Court · 1895

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