Barker v. Guilliam & Chapline
Supreme Court of Iowa
Appeal from the Dubuque District Oou/rt. At the May term of the Dubuque district court, 1855, James Eishner recovered a judgment against the steamboat Hamburg, for the sum of $246.90, for wages. During the pendency of this action, and before judgment, the defendants bought the steamboat. After the judgment was recovered, Eishner assigned the same to the plaintiff, with the demand on which it was founded.
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Appeal from the Dubuque District Oou/rt. At the May term of the Dubuque district court, 1855, James Eishner recovered a judgment against the steamboat Hamburg, for the sum of $246.90, for wages. During the pendency of this action, and before judgment, the defendants bought the steamboat. After the judgment was recovered, Eishner assigned the same to the plaintiff, with the demand on which it was founded. Barker now brings his action, alleging the above matters, and that in consideration that Fishner would forbear to sell said boat upon his said claim, the defendants promised that whenever so…
1Opinion of the CourtWoodward, J.
The first assignment of error is, that the suit is brought on a judgment recovered against the steamboat Hamburg, whilst defendants had no interest in her, and yet the court decided that, as they subsequently purchased an interest in her, they were liable personally for this judgment. As we understand the case, the court did not decide this, but its decision falls under the next assignment.
The second asignment is, that the court erred in deciding that a verbal promise by defendants to the assignor of the plaintiff, after purchasing an interest in the boat, that on certain conditions, they…
2Cases cited1 opinion
- Westheimer v. PeacockSupreme Court of Iowa · 1856
3Cited by5 opinions
- Allen v. StateArizona Supreme Court · 1913
- Duncombe v. PrindleSupreme Court of Iowa · 1860
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- State ex rel. Hammond v. LynchSupreme Court of Iowa · 1915
- Conly v. DilleySupreme Court of Iowa · 1911