Seekell v. Fletcher
Supreme Court of Iowa
Appeal from Harrison District Oourt. This action was originally brought against J. B. Fletcher and the defendant Yandusen to recover the sum due upon a promissory note. Fletcher made no appearance, and died pending the action. The defendant Clara Fletcher, who is administratrix of his estate, was substituted as a defendant.
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Appeal from Harrison District Oourt. This action was originally brought against J. B. Fletcher and the defendant Yandusen to recover the sum due upon a promissory note. Fletcher made no appearance, and died pending the action. The defendant Clara Fletcher, who is administratrix of his estate, was substituted as a defendant. The plaintiff amended his petition, in which amendment he averred, in substance, that said Fletcher and Yandusen were partners in the business of farming, dealing in live stock, buying and selling corn, etc., and that in March, 1815, they purchased of plaintiff on their…
1Opinion of the CourtBothrock, J.
í evidence-partnership, I. The plaintiff was examined as a witness and testified in most positive terms that the corn was purcbased by both Fletcher and Yandusen, that they joined in the contract of purchase. He also testified to a number of transactions previously had with the parties tending to show that they were partners. After detailing the facts and circumstances he was asked this question:
“ Now I will get you to state again, from the manner of their dealings with you prior to the execution of this note, whether or not it was understood by you at the time that they were partners or…
2Cases cited1 opinion
- Barcroft, George & Co. v. HaworthSupreme Court of Iowa · 1870
3Cited by7 opinions
- Farmers' Bank v. SalingOregon Supreme Court · 1898
- Beckwith v. MaceMichigan Supreme Court · 1905
- Baxter, Reed & Co. v. C. W. Rollins & Co.Supreme Court of Iowa · 1894
- Thomas v. Hardsocg & BurtonSupreme Court of Iowa · 1908
- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889
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