Wallerich v. E. W. Smith & Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action at law to recover of, the defendants upon an account for services rendered. There was a trial by jury, and a verdict and judgment for the plaintiff The defendant, Anna C. Smith, appeals.
1Opinion of the CourtRothrock, C. J.
*3101 *309I. The action was broughl against E. W. Smith & Co., as a partnership, and against C. L. Smith and Annie C. Smith, the alleged members of the firm. Annie C. Smith denied .that she was a member of the partnership. A trial was had to a jury. The account for services was proved up, and the jury returned a verdict against the defendants. A motion for a new trial as to Annie C. Smith, was sustained upon the ground that the evidence did not authorize the finding that she was a member oi the firm. Afterwards, the plaintiff amended his petition by pleading that Annie C. Smith was a partner, as to…
2Cases cited3 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Sessions v. RiceSupreme Court of Iowa · 1886
3Cited by5 opinions
- Helwig v. FogelsongSupreme Court of Iowa · 1914
- Globe Navigation Co. v. Maryland Casualty Co.Washington Supreme Court · 1905
- Hart v. WorthingtonSupreme Court of Iowa · 1947
- Appeal of The Iowa Pipe & Tile Co.Supreme Court of Iowa · 1897
- Cuttill v. HarringtonSupreme Court of Iowa · 1919