95 Iowa 244 | Iowa | 1895
I. It is alleged in the petition that in 1877 a corporation known as the Evans-Jackson LiveStock Company was organized under the laws of the state of Iowa. The purpose of the corporation was to
The case was tried to the court, and on December 31, 1889, he filed findings of fact and law. In substance, the court found that plaintiff was a partner in
Defendants Dr. to plaintiff as per decree .................$ 9,652.79
Sale last one-third stock...... 3,470.75
Interest on same 9 5-12 years... 1,961.00
$15,084.54
Proportions of loss sustained.. $ 469.25-
Check....................... 4,000.00-
Balance..................... 10,615.20
$15,084.54
IY. After determining the foregoing matters, the trial court referred the case to a referee for an accounting between plaintiff and William and J. F. Evans as to the partnership matters, and in such accounting the referee was to consider the evidence already adduced, and also such other evidence as the parties might produce. An extended hearing was had, and much new ■ evidence taken. The referee in his report makes an itemized statement of the debit and credit items of the Oregon venture, and finds that it resulted in a loss of two thousand nine hundred and sixteen dollars and eighty-one cents, and that plaintiff’s proportion of said loss was four hundred and sixty-nine dollars and twenty-five cents, which he charges to him. We have heretofore given the final statement between the parties as found by the referee, showing that these defendants still owe the plaintiff ten thousand six hundred and fifteen dollars and twenty-nine cents. For this amount and interest judgment was entered against the defendants, and the costs were equally divided between plaintiff and defendants. It is contended by appellant that the accounting as made by the referee is incorrect, that the losses of cattle in 'the Oregon venture were much overestimated, and that