Legal Opinion

Smith v. Smith

Supreme Court of Iowa

Decided March 17, 1913PublishedCited by 8 opinions

Appeal from Wright District Court. — Hon. R. M. Wright, Judge. This action was brought for an accounting for a settlement of partnership affairs and to dissolve a partnership. There was a trial on plaintiff’s petition and on the defendant’s answer and cross-bill, and a decree. Plaintiff filed a motion for a new trial, which was sustained by the court, and the defendant appeals.-

1Opinion of the CourtPreston, J.

Plaintiff, in his petition, alleges that in 1881 he and the defendant made a verbal agreement, whereby they became partners in the purchase and sale of cattle, hogs, and other live stock; that the business was conducted under the name of Smith Bros.; that later they operated a grain elevator together, and purchased stock in a bank, of which plaintiff was elected cashier, and that plaintiff’s salary as such for thirteen and one-half years was placed in Smith Bros.’ account; that plaintiff received rent from certain of his land, which was placed in Smith Bros.’ account, but he alleges that…

2Cases cited15 opinions

  1. State v. HastySupreme Court of Iowa · 1903
  2. Guth v. BellSupreme Court of Iowa · 1911
  3. Johnson, Lane & Co. v. Nash-Wright Co.Supreme Court of Iowa · 1903
  4. Murray v. WeberSupreme Court of Iowa · 1894
  5. Bullard v. BullardSupreme Court of Iowa · 1900

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3Cited by8 opinions

  1. Peterson v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1914
  2. Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
  3. Mullong v. MullongSupreme Court of Iowa · 1916
  4. Hogan v. ChestermanSupreme Court of Iowa · 1979
  5. Home Savings Bank v. KliseSupreme Court of Iowa · 1927

3 more not listed; retrieve them via the Exa API.

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