Platt v. Koehler, Dickey & Co.
Supreme Court of Iowa
Appeal from Madison District Dourt. — Hon. J. H. Applegate, Judge. The following are the facts and conclusions of law as found by the district court: “This is a suit upon a promissory note for three hundred dollars, of date of October 20, 1890, in favor of plaintiff, and signed by the firm name of Koehler, Dickey & Co. Bach of the parties waived trial to a jury, and same is tried to the court without jury.
Read the full summary
Appeal from Madison District Dourt. — Hon. J. H. Applegate, Judge. The following are the facts and conclusions of law as found by the district court: “This is a suit upon a promissory note for three hundred dollars, of date of October 20, 1890, in favor of plaintiff, and signed by the firm name of Koehler, Dickey & Co. Bach of the parties waived trial to a jury, and same is tried to the court without jury. At the request of parties hereto, I make the following findings of fact and conclusions of law namely: “(1) The firm of Koehler, Dickey & Oo. was composed of the defendant O. F. Koehler and…
1Opinion of the CourtGbangeb, C. J.
1 2 *5963 *595It is conceded on the authority of Sherwood v. Snow, 46 Iowa, 481, that “an individual loaning money to one member of a mercantile firm, and receiving a note therefor, has a right to presume that the note is made in the¡ course of the partnership business, and binds all the members of the firm.” The facts giving rise to the rule thus stated are precisely those of this case. In this case the fact is disclosed on the trial that Koehler, in obtaining the money, intended it for his own individual use, and so used it. It thus actually appears that the money was borrowed and used for a purpose…
2Cases cited3 opinions
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Buettner v. HertzlerSupreme Court of Iowa · 1894
- Bank of Commerce v. Selden, Withers & Co.Supreme Court of Minnesota · 1859
3Cited by3 opinions
- Matthews v. J. H. Luers Drug Co.Supreme Court of Iowa · 1900
- Buettner v. HertzlerSupreme Court of Iowa · 1894
- Maxfield v. J. L. Heishman & SonsSupreme Court of Iowa · 1930