Packard v. Snell, Aiken & Co.
Supreme Court of Iowa
Appeal from, Appanoose Circuit Cowrt. This action was commenced before a justice of the peace upon an account charging defendants in this language: “To station work on Chicago & S. W. R. R., $Y5.00.” The answer denies indebtedness of defendants to plaintiff, and also denies the employment of plaintiff by defendants to do the work charged in the account. The answer also pleads payment.
Read the full summary
Appeal from, Appanoose Circuit Cowrt. This action was commenced before a justice of the peace upon an account charging defendants in this language: “To station work on Chicago & S. W. R. R., $Y5.00.” The answer denies indebtedness of defendants to plaintiff, and also denies the employment of plaintiff by defendants to do the work charged in the account. The answer also pleads payment. The cause was appealed to the circuit court, where, upon a trial to a jury, judgment was rendered for plaintiff. Defendants appeal.
1Opinion of the Court
Beok, Ch. J.
Upon the trial there was evidence introduced by defendants tending to prove that the transaction between the parties, upon which is based plaintiff’s claim, amounted to nothing more than a guaranty that other parties would pay for the work done by plaintiff, or that defendants would pay if these parties did not. It appears that plaintiff was prosecuting .the work under a contract with one Burke. Failing to get his pay he made application to defendants, who were in some way interested in the work, in regard to the matter. Plaintiff’s evidence tends to prove that defendants then…
2Cases cited1 opinion
- Stanton v. WarrickSupreme Court of Iowa · 1866
3Cited by2 opinions
- Hartney v. GoslingWyoming Supreme Court · 1902
- Sanders v. HartgeIndiana Court of Appeals · 1897