Johnson v. Morgan
Supreme Court of Iowa
Appeal from Sioux District Court. — William ITutci-iinson, Judge. Action at law to recover the amount due and unpaid on the purchase price and the face value of defendant’s capital stock in the’ Knowlton Manufacturing Company, a corporation. The indebtedness was evidenced by a note given for the purchase price of the stock, and the consideration for the note was the four shares of stock in the corporation.
Read the full summary
Appeal from Sioux District Court. — William ITutci-iinson, Judge. Action at law to recover the amount due and unpaid on the purchase price and the face value of defendant’s capital stock in the’ Knowlton Manufacturing Company, a corporation. The indebtedness was evidenced by a note given for the purchase price of the stock, and the consideration for the note was the four shares of stock in the corporation. The action is brought by three creditors named as plaintiffs, for the benefit of'themselves and all the creditors of the corporation. Bradshaw, as assignee of the company, joins as…
1Opinion of the CourtPreston, J.
1- EOE?triaiNdeER'' equityfnt¿mingling: trial to court: treatment on appeal. Counsel for the parties disagree as to the method of procedure in this court. Appellants contend that the cause is in equity and triable de novo in this court; while appellee contends that the case was an action at law, and should be presented here as such, We think appellee’s contention must be sus- ■ . . . tamed at this point. It appears that equitable defenses were set up, but these were not *579determined. The action was commenced at law, and we do not find that any motion was made to transfer the cause to the equity…
2Cases cited13 opinions
- Chubb v. UptonSupreme Court of the United States · 1877
- Hinkley v. Sac Oil & Pipe Line Co.Supreme Court of Iowa · 1906
- Gianella v. BigelowWisconsin Supreme Court · 1897
- Fear v. BartlettCourt of Appeals of Maryland · 1895
- Gress v. KnightSupreme Court of Georgia · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
- Independent Van & Storage Co. v. Iowa Mercantile Co.Supreme Court of Iowa · 1918
- Ellis v. AnnisSupreme Court of Iowa · 1919