Knight v. Waters
Supreme Court of Iowa
Appeal from Dubuque District Court. In the year 1857, Levi, Karrick & Jones were engaged as partners in mining. In that year Levi became dissatisfied, filed his bill in equity, in the District Court of Dubuque County, for a dissolution and a settlement of the partnership account. Thomas Waters was made a party defendant, and it was sought to charge him as a debtor to the said partnership.
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Appeal from Dubuque District Court. In the year 1857, Levi, Karrick & Jones were engaged as partners in mining. In that year Levi became dissatisfied, filed his bill in equity, in the District Court of Dubuque County, for a dissolution and a settlement of the partnership account. Thomas Waters was made a party defendant, and it was sought to charge him as a debtor to the said partnership. A decree was entered in the District Court, by which it was adjudged that Karrick and Jones were indebted to Levi, in a certain sum named, being a balance due from them on a settlement. It was likewise…
1Opinion of the Court
Baldwin, Ch. J.
Two questions are raised by the defendant’s demurrer: 1st. Whether the facts stated in the petition show a breach of the bond ; and 2d. Whether the plaintiff can maintain the suit in this own name. In other words, can the defendants in this suit claim that because *422the judgment in favor of Levi, against the other members of the firm, was reversed, that Waters is released upon his bond, notwithstanding the fact the judgment against him was affirmed. It does not appear that any objections were raised by Waters, in the Levi suit, as to the right .of Levi to compel Waters to account…
2Cited by2 opinions
- Knight v. WatersSupreme Court of Iowa · 1865
- Foley v. LymanSupreme Court of Iowa · 1918