Whisler v. Drake
Supreme Court of Iowa
Afjyedlfrom Wayne District Court. Action brought October, 1870, to recover $117, with interest from June 6, 1867, for eleven hogs, weighing twenty-six hundred pounds, alleged to have been sold on that date by the plaintiff’s intestate, B. W. Level, now deceased, to the defendants, who were partners, under the name of Drake, Sweeney & Hicks.
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Afjyedlfrom Wayne District Court. Action brought October, 1870, to recover $117, with interest from June 6, 1867, for eleven hogs, weighing twenty-six hundred pounds, alleged to have been sold on that date by the plaintiff’s intestate, B. W. Level, now deceased, to the defendants, who were partners, under the name of Drake, Sweeney & Hicks. The defendants, by answer, averred that they had paid plaintiff’s intestate for the hogs as follows : $50 cash on delivery, $18 cash afterward, and B. W. Level’s note to E. H. Drake, for $56. The cause was tried to a jury upon the issue of paytnent as…
1Opinion of the CourtCole, J.
I. On the trial the defendants introduced E. A. Drake as a witness, who testified to. the court that a book produced by him contained, among numerous other entries of a similar character, the following: “ May 28, 1867, bought of B. W. Level, 11 hogs, 2,600 lbs. at 5ets. Paid $50-18-130; ” and also that he kept said book; that the entries were just and true, and were made at the time the transaction therein charged took place; and that said *104book was one of the books of said firm, the defendants. The defendants also introduced three other witnesses, who testified that they were engaged in…
2Cases cited2 opinions
- Veiths v. HaggeSupreme Court of Iowa · 1859
- Hart v. LivingstonSupreme Court of Iowa · 1870
3Cited by1 opinion
- Davis v. McClellandMissouri Court of Appeals · 1914