Hawk Eye Woolen Mills v. Conklin
Supreme Court of Iowa
Appeal from, Louisa District Court. Until about the 1st of October, 1866, J. M. & A. Virgin were in partnership, under the firm name of J. M. Virgin & Bro., transacting a general mercantile business. They then dissolved, J. M. V. taking the stock, and agreeing to pay the firm debts. They owed plaintiff, at that time, near $800, for goods, a portion of them then. being in said store.
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Appeal from, Louisa District Court. Until about the 1st of October, 1866, J. M. & A. Virgin were in partnership, under the firm name of J. M. Virgin & Bro., transacting a general mercantile business. They then dissolved, J. M. V. taking the stock, and agreeing to pay the firm debts. They owed plaintiff, at that time, near $800, for goods, a portion of them then. being in said store. On the fifth of that month, J. M. sold onedialf of the stock, etc., to defendant, for $1,500 — it all being valued at $3,000 — and a new firin was formed under the name of Yirgin & Conklin. It was expected that…
1Opinion of the CourtWright, J.
Partnership: lien of partnership creditors. — In argument appellee’s counsel expressly state that it is not claimed that plaintiff retained a specific lien for the purchase money on the e-oods sold , ^ ° on credit to virgin & Bro. Nor is it claimed that appellant (Conklin) agreed in terms to pay plaintiff’s demand. It is insisted, however, that it must have been understood that the outstanding liabilities were to be paid .out of the goods'in Virgin’s hands or out of the $1,500 .which C. was to put into the concern • that defendant’s non-compliance with his agreement by failing to furnish…
2Cases cited1 opinion
- Scudder v. DelashmutSupreme Court of Iowa · 1858
3Cited by4 opinions
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
- First National Bank v. BrubakerSupreme Court of Iowa · 1905
- Stahl v. Osmers.Oregon Supreme Court · 1897
- Taylor v. RaschDistrict Court, E.D. Michigan · 1871