Legal Opinion

Anthes v. Booser

Supreme Court of Iowa

Decided December 21, 1900PublishedCited by 5 opinions

Appeal from Lee District Court. — Hon. Henry Bank, Je., Judge. ' Plaintiee brought an action against the defendants before a justice of the peace on a sight draft drawn on Ullman & Co. by B. T. Booser. Ullman & Co. answered, denying indebtedness to the plaintiff and denying Booser’s authority to draw on them.

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Appeal from Lee District Court. — Hon. Henry Bank, Je., Judge. ' Plaintiee brought an action against the defendants before a justice of the peace on a sight draft drawn on Ullman & Co. by B. T. Booser. Ullman & Co. answered, denying indebtedness to the plaintiff and denying Booser’s authority to draw on them. On the issue made the case was tried by the justice, and judgment rendered against the defendants; whereupon Ullman & Co. removed the case to the district court by writ of error. The district court “denied and dismissed” the writ. Ullman & Co. appeal.

1Opinion of the CourtSherwin, J.

Plaintiff introduced evidence tending to show that B. T. Booser was, and had been for some time before he drew the draft in question, a traveling salesman for the appellants, and that he had repeatedly before that time advanced Booser money, which had been repaid by Ullman &. Co.; that he advanced the money at the time in question on Booser’s representation that he wanted to go to. Burling^ *512ton to continue soliciting orders for said firm. No evidenco was offered by defendants, and at tbe close of plaintiff’s case a motion by appellants was made to dismiss, for the reason that there was no…

2Cases cited6 opinions

  1. Belding v. TorrenceSupreme Court of Iowa · 1874
  2. Lane & Wilson v. GoldsmithSupreme Court of Iowa · 1867
  3. Taylor v. RockwellSupreme Court of Iowa · 1860
  4. Lease v. FranklinSupreme Court of Iowa · 1892
  5. Stricker v. HoltzSupreme Court of Iowa · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ostrander v. LinnSupreme Court of Iowa · 1946
  2. Simmons v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1905
  3. Yarcho v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
  4. A. A. Doolittle & Co. v. PorterSupreme Court of Iowa · 1910
  5. Spahn & Rose Lumber Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918

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