Van Sandt v. Dows & Co.
Supreme Court of Iowa
Appeal from Paxje Circuit Court. The plaintiff is assignee of one John T. Porter, under an assignment made by Porter as an insolvent for the benefit of his creditors. The assignment originally was made to one Webster. He afterwards died, and the plaintiff was appointed assignee in his place. This action is brought upon a bond executed by the defendants to Webster. The defendants filed an answer, to which the plaintiff demurred.
Read the full summary
Appeal from Paxje Circuit Court. The plaintiff is assignee of one John T. Porter, under an assignment made by Porter as an insolvent for the benefit of his creditors. The assignment originally was made to one Webster. He afterwards died, and the plaintiff was appointed assignee in his place. This action is brought upon a bond executed by the defendants to Webster. The defendants filed an answer, to which the plaintiff demurred. The court overruled the demurrer, and from the order overruling the same the plaintiff appeals.
1Opinion of the CourtAdams, J.
The petition shows, in substance, that in September, 1880, the defendants, David Dows & 'Co., entered into a written contract with the plaintiff’s assignor, John T. Porter, whereby Porter was to use money furnished by David Dows & Co. in the purchase of corn. It was provided in the contract that “the corn so purchased shall be the property of David Dows & Co., and the cribs containing the same shall be marked with the name of David Dows & Co.that Porter should have, as compensation for his services, “whatever sum may remain when the corn is sold by David Dows &'Co., after David Dows & Co.…
2Cases cited4 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Dows & Co. v. Morse & LillySupreme Court of Iowa · 1883
- Lucore v. KramerSupreme Court of Iowa · 1867
3Cited by4 opinions
- Smeaton v. ColeSupreme Court of Iowa · 1903
- Gilman Linseed Oil Co. v. NortonSupreme Court of Iowa · 1893
- State v. StuartSupreme Court of Iowa · 1920
- Loots v. ClanceySupreme Court of Iowa · 1929