Leighton v. Hosmer
Supreme Court of Iowa
Appeal from Lee Circuit Court. The plaintiff having obtained judgment against J. M. Iiiatt, November 16, 1872, for $1,358.37, had execution issued thereon, and on December 18, 1872, the defendant herein, A. Hosmer, was garnished, as the supposed debtor of said Hiatt. Hosmer, in his answer, admitted that he owed Hiatt a certain small sum, which he paid at once to the proper officer, and, also, denied any further indebtedness whatever. Issue was taken upon this answer.
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Appeal from Lee Circuit Court. The plaintiff having obtained judgment against J. M. Iiiatt, November 16, 1872, for $1,358.37, had execution issued thereon, and on December 18, 1872, the defendant herein, A. Hosmer, was garnished, as the supposed debtor of said Hiatt. Hosmer, in his answer, admitted that he owed Hiatt a certain small sum, which he paid at once to the proper officer, and, also, denied any further indebtedness whatever. Issue was taken upon this answer. The issue was tried by consent to the court, without a jury, and, upon the evidence, the court found for the plaintiff for…
1Opinion of the Court
Oole, -T.
On March 1,1867, Hiatt, Hosmer, Faber and Paul formed a partnership for manufacturing' and dealing in lumber, to continue three years. Hosmer and Faber furnished the capital, $20,000, and for which they were to be paid interest; Hiatt and Paul were skilled in the business. The fourth stipulation of the articles of co-partnership was as follows: “ All the said partners shall devote and give all their time to the business and interest of said firm.” The evidence tends to show that for two of the winters, in which but little business was expected or done, Hiatt did not, by reason of…
2Cited by3 opinions
- Lay v. EmeryNorth Dakota Supreme Court · 1899
- Hart v. MyersNew York Supreme Court · 1891
- Hart v. MyersNew York Supreme Court · 1890