Brown v. Rains
Supreme Court of Iowa
Appeal from Mills Ci/rcmb Court. Action upon an account for goods sold by plaintiffs to the defendant T. E. Eains. At the time of the sale Eains was doing business as a merchant, in his own name, in the town of Malvern, Mills county, and purchased the goods for which the plaintiff’s account accrued for the purpose of replenishing his stock. lie does not deny the correctness of the account and makes no defense.
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Appeal from Mills Ci/rcmb Court. Action upon an account for goods sold by plaintiffs to the defendant T. E. Eains. At the time of the sale Eains was doing business as a merchant, in his own name, in the town of Malvern, Mills county, and purchased the goods for which the plaintiff’s account accrued for the purpose of replenishing his stock. lie does not deny the correctness of the account and makes no defense. The question in the ease arises upon the alleged liability of Rains’ co-defendant Summers. The plaintiffs aver that at the time of the sale of the goods to Rains Summers was a partner…
1Opinion of the Court
Adams, Oh. J.
i. evidence : Seeiarations.' The goods in question were sold in October, and November, 1877. Prior to August, 1876, and while the defendant Rains had been carrying on the same business in the same place, Summers was interested in the business with ■ him as a partner. But in the month of August, aforesaid, the evidence tends to show that the partnership was dissolved. The business, during the time that it is admitted that the partnership existed, was done in the name of T. E. Rains alone, and no change in that respect took place.
To prove that the partnership between Rains and…
2Cited by7 opinions
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- Winter v. John Pipher & Co.Supreme Court of Iowa · 1895
- Farmers' State Bank v. Herman Schultz EstateSupreme Court of Iowa · 1923
- Williams v. ScheeSupreme Court of Iowa · 1932
- Delong v. WhitlockSupreme Court of Iowa · 1926
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