Hatch v. Judd
Supreme Court of Iowa
Appeal from, General Term, Ninth District {Black Hawk County). Tuesday, June 14. In equity. — These parties were blacksmiths and were partners, under certain written terms, from October, 1862, until the same month, 1863. They then entered into a new agreement, continued thereunder for a few days, when they dissolved, plaintiff taking an assignment of all accounts, for a consideration then and afterward to be paid defendant.
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Appeal from, General Term, Ninth District {Black Hawk County). Tuesday, June 14. In equity. — These parties were blacksmiths and were partners, under certain written terms, from October, 1862, until the same month, 1863. They then entered into a new agreement, continued thereunder for a few days, when they dissolved, plaintiff taking an assignment of all accounts, for a consideration then and afterward to be paid defendant. There was no other settlement of their affairs, and plaintiff claims that certain demands, appearing to be due the firm by the books, had been collected by the defendant…
1Opinion of the Court
"Wright, J.
I. This case is one purely of facts, so far as concerns the merits. It is very difficult to tell upon what basis either the referees or the court proceeded in determining the amount to which plaintiff was entitled. We conclude, however, that the referees took substanially the same view of the testimony (for it was the same in both instances), and of the claims urged by the respective parties. In the district court we infer (and it must be confessed it is mere inference), that the balance due plaintiff upon the respective accounts of the parties with the firm, so far as appeared…
2Cases cited2 opinions
- Taylor v. AdairSupreme Court of Iowa · 1867
- Arthur v. FunkSupreme Court of Iowa · 1867
3Cited by3 opinions
- Weaver v. KintzleySupreme Court of Iowa · 1882
- Ayres v. NopoulosSupreme Court of Iowa · 1927
- Andrews v. ZimmermanSupreme Court of Iowa · 1871