McNamara v. Dratt
Supreme Court of Iowa
Appeal from Montgomery District Court. Action upon an account for goods sold by p-laintiff, to B. F. Dratt & Oo., a firm composed, as alleged, of the defendants B. F. Dratt and John E. Myers. The defendant Myers, only, was served with notice. He answered denying the averments of the plaintiff’s petition, and especially denied that he was ever a partner of B. F. Dratt. Upon a trial to a jury there was a verdict for defendant.
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Appeal from Montgomery District Court. Action upon an account for goods sold by p-laintiff, to B. F. Dratt & Oo., a firm composed, as alleged, of the defendants B. F. Dratt and John E. Myers. The defendant Myers, only, was served with notice. He answered denying the averments of the plaintiff’s petition, and especially denied that he was ever a partner of B. F. Dratt. Upon a trial to a jury there was a verdict for defendant. A judgment being entered thereon, the plaintiff appeals.
1Opinion of the CourtCole, J.
Whether the defendant, John E. Myers, Avas a partner in the firm of B. F. Dratt & Co., was the real question at issue upon the trial before the jury. The evidence was sufficient to justify the giving of the instructions asked, if they embody correct statements of the law. The court gave one or two instructions upon the question as to what facts would render Myers liable as a partner of Dratt, respecting which no complaint is made; and also, at the request of the *414plaintiff gave the following: “3. Conversations, assertions, acts or admissions of Myers tending to show that Dratt and Myers were…
2Cited by2 opinions
- Jeffrey v. K. & D. M. R.Supreme Court of Iowa · 1881
- Boulton v. First National BankSupreme Court of Iowa · 1877