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55 Iowa 749

Todd v. Bailey & Co.

Supreme Court of Iowa

Decided March 23, 1881

Supreme Court of Iowa · decided 1881-03-23

This is an action in equity in which it is sought to charge the defendants, H. Bailey & Co., with certain liabilities as members of another partnership known as the Burlington Furniture Co. The defendants deny that they were members of said partnership, or that they were in any way hable as partners. The cause was tried before a referee, who found that the plaintiffs had no just or equitable claim against the defendants.

Decided 1881-03-23

Rothrock, J.

¶1— The cause is triable anew in this court. It involves the single question of fact whether or not the defendants are liable as partners in the firm known as the Burlington Lumber Co. A careful examination of the - evidence satisfies us that the referee and the court below correctly found that the alleged partnership relation did not exist. We need not review the ■evidence. To do so would serve no useful purpose.

¶2Affirmed. ■

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