148 Iowa 496 | Iowa | 1910
During the period covered by the transactions in controversy, the defendants were the proprietors of a general country store at the village of Van (lleve in Marshall county, and the plaintiff was a young physician who made the 'store his headquarters and when not attending professional calls assisted in and about the business. He entered upon his practice in Van Cleve in the year 1902, at which time the store was owned and managed by one Millhouse, and until his marriage in 1903 was given his board for the assistance he rendered the proprietors. In December, 1904, the defendants purchased and took charge of the business; the plaintiff continuing to render similar service when not engaged in his practice. He received no compensation other than his cigars and the privilege of purchasing goods and household supplies at cost. Prior to April 3, 1907, the plaintiff, who claims to have enjoyed a profitable practice and to have made profit upon investments, had lent defendants various sums of money, and on the date mentioned their indebtedness to him was about $2,800. On that day they charged him with appropriating and converting to his own use moneys aggregating a large sum from the funds belonging to them and demanded settlement and payment at once. The substance of the demand.
We find no ground upon which to reverse the judgment below. In so ruling we must not be understood as finding or affirming the guilt of the plaintiff upon the charge made against him by the defendants. What we find is that the evidence is insufficient to establish his allegation that the settlement and payment made by him were obtained by duress or undue influence or were part of an unlawful scheme to compound a felony. It follows that the decree of the district court must be affirmed.
The decree of the district court is therefore affirmed.