Legal Opinion

Eldorado Jewelry Co. v. Darnell

Supreme Court of Iowa

Decided October 17, 1907PublishedCited by 12 opinions

Appeal from Madison District Court.— Hon. Jas. D. Gamble, J udge. Action' on an order for jewelry. Fraud was pleaded as a defense: Judgment was entered against the plaintiff, from which it appeals.

1Opinion of the Court

Ladd. J.

The defendant signed an order for the purchase of certain jewelry, and, upon suit for the price, set up as a defense that it was procured by fraud, in that plaintiff’s agent had represented that the order was for goods to be sold on commission by defendant as agent, and for which *556lie was to remit only a percentage of the proceeds, after sale, to the company, which should retain title. The evidence was such that the jury might have exonerated him from the charge of negligence in signing the order, and have found the allegations of fraud established. The agent who procured the order…

2Cases cited11 opinions

  1. Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
  2. Walker v. EbertWisconsin Supreme Court · 1871
  3. Douglass v. MattingSupreme Court of Iowa · 1870
  4. County of Schuylkill v. CopleySupreme Court of Pennsylvania · 1871
  5. Briggs v. EwartSupreme Court of Missouri · 1873

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3Cited by12 opinions

  1. Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
  2. Duncan v. CarsonSupreme Court of Virginia · 1920
  3. Drinkard v. Embalmers Supply Co.Supreme Court of Alabama · 1943
  4. Providence Jewelry Co. v. S. Fessler & SonsSupreme Court of Iowa · 1909
  5. Swindall v. Van School Dist. No. 53Court of Appeals of Texas · 1931

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