Minnesota Linseed Oil Co. v. Montague & Smith
Supreme Court of Iowa
Appeal from Franklin District Court. Plaintiff brought this suit to recover a sum of money which it claims to have deposited with defendants, to be paid out only on tickets issued by one Yalentine, an agent of plaintiff, in the purchase of flaxseed, but which defendants, without authority, paid to said Yalentine in payment of certain commissions.
Read the full summary
Appeal from Franklin District Court. Plaintiff brought this suit to recover a sum of money which it claims to have deposited with defendants, to be paid out only on tickets issued by one Yalentine, an agent of plaintiff, in the purchase of flaxseed, but which defendants, without authority, paid to said Yalentine in payment of certain commissions. Defendants admit that the money was deposited with them, and that they paid it to Yalentine for the purpose alleged by plaintiff, but deny that such payment was unauthorized, and allege that it was subsequently ratified by plaintiff. There was a…
1Opinion of the CourtReed, J.
i. practice courT/sSre stance.’ I. It is alleged in the petition that the money was deposited with defendants upon a parol contract that it was to be paid out by them only on checks or tickets issued by Yalentine, on the purchase of flaxseed. On the trial plaintiff offered in evidence certain letters written by its treasurer to defendants, covering remittances, and which, as plaintiff claims, contained certain specifications as to the manner in which the money remitted should be applied. Defendants objected to the introduction of these letters, on the ground that, as plaintiff had alleged…
2Cases cited4 opinions
- Bell v. CunninghamSupreme Court of the United States · 1830
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
- Vianna v. BarclayNew York Supreme Court · 1824
3Cited by9 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Rouss v. CreglowSupreme Court of Iowa · 1897
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1893
- Lunn v. GuthrieSupreme Court of Iowa · 1902
4 more not listed; retrieve them via the Exa API.