James McCoy Co. v. Smith
Supreme Court of Iowa
Appeal from Scott District Court. — William Theophilus, Judge. Action on account for goods sold and delivered to the defendant as trustee. The cause was tried to the court without a jury, and judgment entered for the defendant, dismissing plaintiff’s petition. Plaintiff appeals.
1Opinion of the CourtGaynor, C. J.
1. Trusts : execution o'f trust: assignment lor benefit of creditors : personal liability of trustee. This is an action at law to recover for goods sold to the defendant as trustee of the Cash Mercantile Company of Wapello, Iowa, or as trustee of J. B. Cecil, trading under that name. The action is in two counts. One count seeks to recover on an express contract, and the other on a quantum meruit. The plaintiff claims that defendant was conducting a store at Wapello as trustee, and for the benefit of the creditors of the Cash Mercantile Company; that, at his instance and request, plaintiff…
2Cases cited10 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- New v. . NicollNew York Court of Appeals · 1878
- Hussey v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Connally v. W. H. Lyons & Co.Texas Supreme Court · 1891
- B. F. Mitchell & Co. v. WhitlockSupreme Court of North Carolina · 1897
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