Himmelberger v. Central State Bank

This is the third time that this cause has been in this court. The opinions in the former appeals are found in 200 Iowa 585 and 204 Iowa 363. The main facts are sufficiently set forth in the opinions in the former appeals, and it is only necessary that we refer to them very briefly, to present the questions submitted on this appeal.

In 1905, four parties, Talbott, Himmelberger, Beach, and McConnell, formed a partnership, under the name of “M. A. Talbott & Company.” Later, the same parties organized a corporation called “The M. A. Talbott Company.” The general business conducted by both was the…