Merchant v. O'Rourke
Supreme Court of Iowa
Appeal' from Kossuth District Gourt. — IIon. Lot Thomas, Judge. Pdaintier is an assignee for tbe benefit of creditors under a deed of general assignment executed by one L. Carmichael, and his cause of action grows out of the following facts: The Tama Furniture Company, whose business is indicated by its name, was organized with a capital of $10,000, divided into shares of $100 each.
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Appeal' from Kossuth District Gourt. — IIon. Lot Thomas, Judge. Pdaintier is an assignee for tbe benefit of creditors under a deed of general assignment executed by one L. Carmichael, and his cause of action grows out of the following facts: The Tama Furniture Company, whose business is indicated by its name, was organized with a capital of $10,000, divided into shares of $100 each. Carmichael was a sfocldiold&r, and defendant, also, — the- latter being the owner of 10 shares. In several respects the requirements of the statute were not complied with, in effecting the incorporation of the…
1Opinion of the Court
Waterman, T.
The parties unite in presenting for determination but a single issue, and that is whether the answer set up a legal defense. It seems to be conceded that, if it does, there was no error in granting the new trial. While we interfere very reluctantly with an order of this kind made by the. trial court, yet we have no hesitation in passing upon the correctness of the ruling where the exact ground on which it is based is shown. Turley v. Griffin, 106 *354Iowa, 161. There are two contracts set up in the answer, and we shall take them up in their order.
1 2 I. Was the agreement valid by…
2Cases cited10 opinions
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Chapin v. MerrillNew York Supreme Court · 1830
- Tighe v. . MorrisonNew York Court of Appeals · 1889
- Pratt v. ProutySupreme Court of Iowa · 1898
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Huttig Mfg. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1908
- Johnston v. JicklingSupreme Court of Iowa · 1909
- Snyder v. GuthrieSupreme Court of Iowa · 1922
- Bain v. LovejoyTexas Commission of Appeals · 1921
- Moench v. HowerSupreme Court of Iowa · 1908
10 more not listed; retrieve them via the Exa API.