Fargo & Co. v. Ames
Supreme Court of Iowa
Appeal from Black Hawk Circuit Court. The petition states that the plaintiff, William Lawson, on the 3d day of May, 1875, and the defendant, D. B. Ames, entered into partnership in the business of manufacturing, purchasing and selling boots and shoes; that Ames was to contribute five hundred dollars to the capital stock, and both partners were to devote their time and attention to the business, the profits of which were to be divided equally and the losses borne in the same…
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Appeal from Black Hawk Circuit Court. The petition states that the plaintiff, William Lawson, on the 3d day of May, 1875, and the defendant, D. B. Ames, entered into partnership in the business of manufacturing, purchasing and selling boots and shoes; that Ames was to contribute five hundred dollars to the capital stock, and both partners were to devote their time and attention to the business, the profits of which were to be divided equally and the losses borne in the same proportion; that the business was continued until January 7, 1876, and a large indebtedness incurred, which is due and…
1Opinion of the CourtSeevers, J.
The existence of the partnership is expressly averred in the petition, and admitted in the answer. The petition does not state that the firm had been dissolved, or that Lawson had sold his interest therein to D. B. Ames. All that is said on this subject is, that the firm continued to do business until about January 7th, 1876. The answer then *496alleges that Lawson on that day sold his interest in the partnership, and delivered possession, of the property to D. B. Ames. This averment is not.responsive to the petition but constitutes new matter in avoidance of the allegations thereof. If the…
2Cases cited2 opinions
- Shricker v. FieldSupreme Court of Iowa · 1859
- Stewart v. Johnston & Co.Supreme Court of Iowa · 1876
3Cited by3 opinions
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Peoples Savings Bank v. McCarthySupreme Court of Iowa · 1928
- Rothschild & Co. v. Steger & Sons Piano Manufacturing Co.Appellate Court of Illinois · 1912