Boardman & Gray v. Adams & Hackley
Supreme Court of Iowa
Appeal from, the Dubuque District Court. Tlie plaintiffs claim to recover tbe price and value of four pianos, alleged to liave been sold and delivered to defendants, as partners. Hackley answers, and denies that any pianos were sold and delivered to himself and Adams, as partners. Adams answers, and denies any indebtedness to plaintiffs, either by himself individually, or as a member of the firm of Adams & Hackley.
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Appeal from, the Dubuque District Court. Tlie plaintiffs claim to recover tbe price and value of four pianos, alleged to liave been sold and delivered to defendants, as partners. Hackley answers, and denies that any pianos were sold and delivered to himself and Adams, as partners. Adams answers, and denies any indebtedness to plaintiffs, either by himself individually, or as a member of the firm of Adams & Hackley. He averred further, that the said firm was not a general partnership, but a partnership in the newspaper and printing business only, and that the pianos were sent to A. ~W.…
1Opinion of the CourtStockton, J.
The court charged the jury, that the plaintiffs must recover for pianos sold and delivered, or they could not recover at all; that if the pianos were sold to Hackley alone, and not to the firm, the plaintiffs could not recover, in this action; that there must be satisfactory proof, either that the buying and selling of the pianos was within the scope of the partnership business of defendants, or - that they jointly ordered the pianos from plaintiffs, before they can recover; that plaintiffs having sued for pianos sold and delivered, cannot recover on proof that the pianos were sent to…
2Cases cited1 opinion
- Western Stage Co. v. WalkerSupreme Court of Iowa · 1856
3Cited by6 opinions
- Mengel v. MengelSupreme Court of Iowa · 1909
- Brewster v. ReelSupreme Court of Iowa · 1888
- Buckley v. MonsarratHawaii Supreme Court · 1899
- Van Dyk v. MosterdtSupreme Court of Iowa · 1915
- Hartford Coal Co. v. HelsingSupreme Court of Iowa · 1935
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