81 Iowa 339 | Iowa | 1890
In June, 1882, Alexander Latter and Hr. Brackett owned and conducted a drugstore at Goldfield, Iowa. In the month named Latter sold an undivided one-half of the stock of goods and business to N. M. Melrose and Dr. Morse, and Dr. Brackett sold to them one-third of his share, so that each of the three persons last named owned one-third of the property, and the business was carried on by them as copartners for a time. Dr. Morse made no payment for his share, and after a few months withdrew from the firm. After his withdrawal the business was carried on by N. M. Mel-rose and Dr. Brackett until October, 1883, their interests in the property being equal. On the date last named Dr. Brackett sold his interest to William Melrose, the father of N. M. Melrose. The latter had paid four hundred dollars on account of his purchase. That amount and whatever sums in addition he put into the business weré loaned him by his father. When Dr. Brackett withdrew, an arrangement was made which is stated by the son as follows: “I told father that I did not think I would be able to handle half of it, and proposed that he should buy out Brackett,
On the twenty-third day of March, 1883, Root Bros, obtained a judgment in the district court of Hamilton county against N. M. Melrose for one hundred and twenty-five dollars and eight cents’ damages, and twenty-two dollars and thirty cents’ costs. On the twenty-eighth day of March, 1886, the sheriff of Wright county received an execution, issued to satisfy said judgment, and upon the same day levied it upon the stock of goods which was used in the business carried on in the name of the son, and claimed by the father, as already stated. Its admitted value is three hundred dollars. This action was commenced by William Mel-rose to recover the goods. Before the trial, his death was suggested, and his administrator was substituted as plaintiff. Judgment was rendered in favor of defendant, the sheriff of Wright county, for the amount required to satisfy the execution.
Chapter 75 of the Acts of the Eighteenth General Assembly makes it unlawful for any person, not a