Balcom v. Serenado Manufacturing Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Milo P. Smith, Judge. Action at law against defendant partnership, to recover money paid by plaintiff on a phonograph, shipped by defendants to plaintiff on approval, which machine was returned by plaintiff to defendants» as unsatisfactory. Plaintiff gave five notes, at the time of the execution of the written contract, which notes were sold to a bank, which claimed to be an innocent purchaser of the notes.
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Appeal from Linn District Court. — Milo P. Smith, Judge. Action at law against defendant partnership, to recover money paid by plaintiff on a phonograph, shipped by defendants to plaintiff on approval, which machine was returned by plaintiff to defendants» as unsatisfactory. Plaintiff gave five notes, at the time of the execution of the written contract, which notes were sold to a bank, which claimed to be an innocent purchaser of the notes. The notes were paid by plaintiff to the bank. Trial to a jury, and at the close of the evidence, the trial court directed a verdict for the plaintiff.…
1Opinion of the CourtPreston, J.
— The petition alleges, and the answer admits, that defendant is, and was at all times mentioned, a copartnership, composed of defendants M. E. Lusk and T. A. Conant, engaged in the business of dealing in phonographs and accessories. But two witnesses testified in the case, and the testimony of one of these was brief. There are several exhibits in the record, including the contract between the parties and some letters. Some of these are duplicated in the abstract. The arguments comprise nearly 100 pages, and many cases are cited on a number of different propositions argued. Forty-six errors…
2Cases cited3 opinions
- United States Trust Co. v. Incorporated Town of Guthrie CenterSupreme Court of Iowa · 1917
- Haney-Campbell Co. v. Preston Creamery Ass'nSupreme Court of Iowa · 1903
- McCormick Harvesting Machine Co. v. OkerstromSupreme Court of Iowa · 1901
3Cited by2 opinions
- Jepson v. ConnerSupreme Court of Iowa · 1930
- Mortemoth Co. v. Home Furniture Co.Supreme Court of Iowa · 1930