Addicken v. Schrubbe
Supreme Court of Iowa
Appeal from Winneshiek District Court. The petition states that the defendants, in the firm name of Schrubbe & Bro., executed and delivered to plaintiff a certain agreement in writing which admitted the execution of certain indebtedness from the firm to the plaintiff. The defendants answered separately. One of them denied the execution of the agreement, and alleged the same was executed by the other defendant after the dissolution of the partnership.
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Appeal from Winneshiek District Court. The petition states that the defendants, in the firm name of Schrubbe & Bro., executed and delivered to plaintiff a certain agreement in writing which admitted the execution of certain indebtedness from the firm to the plaintiff. The defendants answered separately. One of them denied the execution of the agreement, and alleged the same was executed by the other defendant after the dissolution of the partnership. The other defendant states, in his answer, that at the time the agreement was executed there was no such firm as Schrubbe & Bro. and that said…
1Opinion of the Court
Seevers, Oh. J.
i pleading: cages'o°/action: parties. The original petition seeks to recover of both defendants, under the written contract signed in their Pai'tnfership name, and the amendment thereto-seeks to recover against the same parties on an oraj agreement of the partnership to repay certain borrowed money. These two pleadings should be regarded as one petition containing two counts. Such seems to have been the intent, of the pleader.
While the first count or petition stood alone the court excluded the written agreement as evidence, but admitted it after the amendment was filed. We are…
2Cited by8 opinions
- Marshall v. Saline River Land & Mineral Co.Supreme Court of Kansas · 1907
- Iowa Lillooet Gold Min. Co. v. BlissU.S. Circuit Court for the District of Northern Iowa · 1906
- Jack v. D. M. & Ft. D. R. Co.Supreme Court of Iowa · 1878
- McDaniel v. ChinskiCourt of Appeals of Texas · 1900
- Prader v. National Accident Ass'nSupreme Court of Iowa · 1899
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