H. B. Smith Co. v. Williams
Indiana Court of Appeals
From Lawrence Circuit Court; W. H. Martin, Judge. Action by the H. B. Smith Company against T. J. Louden for the purchase price of heater, in which Silas J. Williams was made a defendant on the ground that he claimed some interest in the account. Defendant filed a cross-complaint making plaintiff and Louden defendants, and also against Obey & Co. The latter also filed a cross-complaint against plaintiff and all of its codefendants.
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From Lawrence Circuit Court; W. H. Martin, Judge. Action by the H. B. Smith Company against T. J. Louden for the purchase price of heater, in which Silas J. Williams was made a defendant on the ground that he claimed some interest in the account. Defendant filed a cross-complaint making plaintiff and Louden defendants, and also against Obey & Co. The latter also filed a cross-complaint against plaintiff and all of its codefendants. Erom a judgment for defendant Louden, plaintiff appeals, and the' other defendants assign croBS-errors.
1Opinion of the CourtWiley, J.
Appellant sued appellee Louden to recover the price of a Mercer boiler, alleged to have been sold to him by it. Appellee Williams was made a defendant, and it was averred that he claimed some interest in the account. The complaint was in two paragraphs. In the first it was alleged that the sale was made directly to Louden by appellant, and in the second it was averred that Williams, who was doing business under the firm name and style of Obey & Co., by an arrangement between them, took orders for boilers, and forwarded the orders to appellant to be filled. It was averred in this paragraph…
2Cases cited11 opinions
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Merchants' & Mechanics' Savings Bank v. FrazeIndiana Court of Appeals · 1894
- Fitzmaurice v. PuterbaughIndiana Court of Appeals · 1896
- Andrews v. KneelandNew York Supreme Court · 1826
- Thoma v. StateIndiana Supreme Court · 1882
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3Cited by4 opinions
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- Boes v. Grand Rapids & Indiana RailroadIndiana Court of Appeals · 1915
- Fulwiler v. LawrenceCourt of Appeals of Texas · 1928
- Cortez v. FreedIndiana Court of Appeals · 1938