Kohn Bros. v. Zimmerman
Supreme Court of Iowa
Appeal from Scott Gwcuit Court On the 11th day of February, 1871, a petition was filed by the plaintiffs’ attorneys claiming of defendant $216.75, balance of an account. On the 27th day of February, 1871, the original notice was duly served on the defendant, and proof thereof filed with the clerk, on the 1st day of March following.
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Appeal from Scott Gwcuit Court On the 11th day of February, 1871, a petition was filed by the plaintiffs’ attorneys claiming of defendant $216.75, balance of an account. On the 27th day of February, 1871, the original notice was duly served on the defendant, and proof thereof filed with the clerk, on the 1st day of March following. At the appearance term the defendant filed an answer alleging a settlement of the claim with plaintiffs on February 17,1871, by the payment of $200, and an agreement to pay all the expenses in the case. There was a jury trial, verdict and judgment for plaintiffs…
1Opinion of the CourtCole, J.
The testimony shows that plaintiffs were Chicago merchants, and had been selling goods to defend*545ant at different times, and that there was a balance due plaintiffs of $246.75. The claim was sent to an agent in Davenport, who placed it in the hands of the attorneys in this case, for collection; and they filed the petition in this case on the 11th day of February, 1871. On the 17th day of February, 1871, the defendant, being in Chicago, settled the account with plaintiffs,-as shown by, and took the following receipt: • “ Chicago, February 17, 1871. Received of Henry Zimmerman, Davenport, Iowa,…
2Cases cited1 opinion
- Pinney v. ThompsonSupreme Court of Iowa · 1856
3Cited by2 opinions
- Bowery Bank v. HartNew York Supreme Court · 1902
- Graves v. . CameronSupreme Court of North Carolina · 1913