Schoonover v. Osborne
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. W. N. Treichler, Judge. The plaintiff recovered judgment against defendant and Osborne Bros, for $82,046.64 in December, 1886. This was based on a note and an open account. Execution issued in January, 1897, and the sheriff sold several tracts-of land belonging to the defendant.
Read the full summary
Appeal from Jones District Court. — Hon. W. N. Treichler, Judge. The plaintiff recovered judgment against defendant and Osborne Bros, for $82,046.64 in December, 1886. This was based on a note and an open account. Execution issued in January, 1897, and the sheriff sold several tracts-of land belonging to the defendant. The latter conveyed a portion of this to W. T. Shaw January 29, 1898, who later deeded it to Ella F. Osborne, and paid into the office of ■clerk of courts for said Ella F. Osborne, to effect a redemption thereof, the sum of $8,802, The judgment was reversed as to defendant, but…
1Opinion of the Court
Ladd, O. J. —
1 *4302 *429On the former appeal David Osborne’s guaranty of payment of sums of money advanced by ■Schoonover & Shaw to Osborne Bros, was held to create no obligation on his part to repay Schoonover money advanced by him to said firm after the co-partnership of Schoonover & Shaw had been dissolved by the retirement of Shaw. 108 Iowa, 453. On the trial had subsequent to the reversal it was made to appear that Schoonover, before letting Osborne Bros, have money on account, advised defendant that it would be better for the firm to quit dealing in cattle, and to settle the amount due, and…
2Cases cited35 opinions
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- Haebler v. . MyersNew York Court of Appeals · 1892
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- McJilton v. LoveIllinois Supreme Court · 1851
- Brewster v. . StrikerNew York Court of Appeals · 1848
30 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
- Boland v. TiernaySupreme Court of Iowa · 1902
- In Re Estate of CocklinSupreme Court of Iowa · 1942
- O'Conner v. KleimanSupreme Court of Iowa · 1909
- J. R. Watkins Medical Co. v. HammSupreme Court of Kansas · 1913
8 more not listed; retrieve them via the Exa API.