Howe Machine Co. v. Bryson
Supreme Court of Iowa
Appeal from Mitchell District Court. Action upon an account and promissory note executed by O. H. Bryson, and on a bond, whereby the other defendants. became bound to answer for the debt of their co-defendant. The account is for sewing machines delivered to defendant, C. IT. Bryson, as agent for their sale, under a written agreement between her and J. A. Stebbins & Co., and the note is executed to the same firm. Both instruments are assigned to plaintiff.
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Appeal from Mitchell District Court. Action upon an account and promissory note executed by O. H. Bryson, and on a bond, whereby the other defendants. became bound to answer for the debt of their co-defendant. The account is for sewing machines delivered to defendant, C. IT. Bryson, as agent for their sale, under a written agreement between her and J. A. Stebbins & Co., and the note is executed to the same firm. Both instruments are assigned to plaintiff. The answer of defendants sets up that A. M. and C. H. Bryson are husband and wife, and that subsequently to the execution of the bond sued…
1Opinion of the CourtAdams, J.
The defendants introduced evidence tending to establish the breach of the contract by Stebbins & Co., as set úp in the answer; that they had failed to supply a large number of machines which defendants could have sold, and proof was also introduced tending to show that defendants for about eight months had devoted their whole time to the business, canvassing the county for the sale of machines and introducing them to the attention and favor of the people; that they had rented a room, purchased a team and made other preparations for the prosecution of the busidess; that during the whole time…
2Cases cited2 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Blanchard v. ElyNew York Supreme Court · 1839
3Cited by25 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
- Ex parte HurnSupreme Court of Alabama · 1890
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