Johnson Bros. v. Carter & Co.
Supreme Court of Iowa
Appeal from Buena Vista District Oourt. — Hon. W. B„ Quarton, Judge. Action on a promissory note of $1,232.12, signed “Garter & Go., by J. E. Garter,” dated February 7,1900, and payable in sixty days. The petition alleges that the-defendant Brown was a member of that firm, and as such liable on the note, and also on a guaranty. The defendant-put these allegations in issue. After plaintiffs had introduced their evidence, the court directed a verdict for the defendant.
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Appeal from Buena Vista District Oourt. — Hon. W. B„ Quarton, Judge. Action on a promissory note of $1,232.12, signed “Garter & Go., by J. E. Garter,” dated February 7,1900, and payable in sixty days. The petition alleges that the-defendant Brown was a member of that firm, and as such liable on the note, and also on a guaranty. The defendant-put these allegations in issue. After plaintiffs had introduced their evidence, the court directed a verdict for the defendant. Judgment was entered thereon, and the plaintiffs appeal.
1Opinion of the CourtLadd, J.
It appears that McGee, Kahman & Go. had contracted with the Ft. Dodge & Omaha Railroad Company to grade its entire line of road, and that said firm had *357entered into a'subcontract with J. E. Carter to grade two miles of the line near Wall Lake. Carter had an uncompleted contract witn -the Chicago & Northwestern Railway Company, and, being in need of financial assistance, consulted the defendant Brown. They entered into an arrangement under which the grading was done. Were they partners? Carter testified that he exhibited to Brown his ■contract with McGee, Kahman & Co., and a profile of the…
2Cases cited8 opinions
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Winter v. John Pipher & Co.Supreme Court of Iowa · 1895
- Ruddick v. Otis & SnowSupreme Court of Iowa · 1871
- Holbrook v. Oberne, McDanield & Co.Supreme Court of Iowa · 1881
- McBride v. RickettsSupreme Court of Iowa · 1896
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3Cited by19 opinions
- Chariton Feed and Grain, Inc. v. HarderSupreme Court of Iowa · 1985
- Hoge v. GeorgeWyoming Supreme Court · 1921
- O. K. Boiler & Welding Co. v. Minnetonka Lumber Co.Supreme Court of Oklahoma · 1924
- Pritchett v. Thomas Plater & Co.Tennessee Supreme Court · 1920
- Bond v. O'DonnellSupreme Court of Iowa · 1928
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