Putnam v. Swinney
Supreme Court of Iowa
Appeal from Davis Gi/rauit Gourt. This is an action at law to recover a claim of $260, which it is alleged was owing by the defendant to one J. W. Ellis, who assigned the claim to plaintiff. There was an answer taking issue with the averments of the petition, and setting up special defenses. There was a demurrer to certain counts of the answer, which was sustained. A jury was waived, and a trial was had by the court, and a judgment was rendered for the plaintiff.
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Appeal from Davis Gi/rauit Gourt. This is an action at law to recover a claim of $260, which it is alleged was owing by the defendant to one J. W. Ellis, who assigned the claim to plaintiff. There was an answer taking issue with the averments of the petition, and setting up special defenses. There was a demurrer to certain counts of the answer, which was sustained. A jury was waived, and a trial was had by the court, and a judgment was rendered for the plaintiff. Defendant appeals.
1Opinion of the Court
Rothrock, Ch. J.
I. The grounds upon which the plaintiff in his petition claims the right to recover are, in substance, as follows: He avers that in July, 1876, J. W. Ellis was the owner of certain cattle, and that the defendant, Swinney, shipped the cattle to Chicago for Ellis, and sold them there, and received the sum of $260 as the net proceeds of the sale; that *384at tliat time Ellis was- indebted to Elizabeth Bell in the sum of $100, and that the defendant then and there agreed to pay her the said sum from the money in his hands belonging to Ellis; that the plaintiff was a surety for Ellis,…
2Cases cited1 opinion
- Hall v. HarrisSupreme Court of Iowa · 1883