158 Iowa 349 | Iowa | 1912
One John Casey and Carl Halvorson formed a partnership, which operated a meat market in Titonka in September, 1909/ After a short time Halvorson sold his interest in the business to his brother, L. Halvorson, who became a partner of Casey in the business. About August 1, 1910, the latter sold out to the defendant, who conducted the business in his own name until October 3d following, when the "building containing the market ivas burned down. The partnership composed of Casey and defendant was. indebted to the plaintiff on notes executed to cover moneys used in carrying on the business, and this action was brought to recover the amount due thereon., Judgment by default was entered against' Casey. Halvorson. suggested his minority,
The defendant was engaged in operating a meat market.
Armstrong testified that defendant was engaged in the buying and selling incident to the operation of a meat shop, that an account was kept with plaintiff, numerous deposits made and checks issued thereon by him for Casey & Halvorson or for himself after buying Casey out, and that he entertained no suspicion that he was a minor, but believed him to be an adult. Wolfe thought his appearance that of an adult, while his mother testified that “he did not look as though he was twenty-one years old.”
III. There is nothing in the suggestions that defendant had not disaffirmed nor returned the moneys or property received in virtue of the notes. By interposing the defense he undertook to disaffirm, and his testimony that he had none of such moneys nor property within his control was undisputed.