68 Iowa 703 | Iowa | 1886
The undisputed facts are that prior to the seventh day of February, 1881, defendant and Stephen Hoyt (who is plaintiff’s husband) were engaged in business as partners. On that date the partnership was dissolved, and the partners made a contract of settlement. By this contract, defendant agreed to pay the debts of the firm, and Stephen Hoyt agreed to pay to defendant certain amounts which he had received from the firm during the existence of the partnership. On the twenty-eighth of February, Stephen Hoyt delivered to defendant an order drawn by himself on Brooks & Baumhover, for $100, on which defendant received the money. Plaintiff and her husband testified that the fund in the hands of Brooks & Baumhover against which this order was drawn belonged to her, and Stephen Hoyt testified that the transaction was a loan of that amount of money to defendant to enable him to meet certain of the firm debts which were then being pressed for collection. Defendant testified that the order was given him by Stephen Hoyt as a payment on the amount which, by the terms of the contract of settlement, he had agreed to pay him.
Abbismed.