Green v. McFaddin, Sells & Co.
Supreme Court of Iowa
Appeal from the Muscatine District Court. This action is brought to recover upon a contract, by which defendants undertook to cut, pack, salt, and prepare for market, at their packing house in Muscatine, about one thousand hogs. The petition charges that the said meat was cured and handled in such an improper, insufficient, and negligent manner, that a large portion of it was entirely spoiled and lost.
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Appeal from the Muscatine District Court. This action is brought to recover upon a contract, by which defendants undertook to cut, pack, salt, and prepare for market, at their packing house in Muscatine, about one thousand hogs. The petition charges that the said meat was cured and handled in such an improper, insufficient, and negligent manner, that a large portion of it was entirely spoiled and lost. The answer denies all negligence, or want of care as charged, and avers that said meat was removed from the possession of defendants, expressly at the risk and instance of said plaintiffs, so…
1Opinion of the Court
"Wright, C. J.
The appellants insist that the testimony did not warrant the judgment, and this is the only question presented for our determination. The appellees claim that it in no proper manner appears, that all the testimony introduced in the court below, is contained in the record before us. This position, we think, is well taken, and *551must disposc-of the case. In one part of the transcript, we find the depositions of several witnesses on the part of plaintiffs. On the day after the rendition of the judgment, a bill of exceptions was signed and filed, which recites that “ after the reading…
2Cases cited1 opinion
- Harmon v. ChandlerSupreme Court of Iowa · 1856
3Cited by1 opinion
- State v. BenekeSupreme Court of Iowa · 1859