Ahrens v. Fenton
Supreme Court of Iowa
Appeal from Boone District Court.— Hon. C. G. Lee, Judge. Action on a promissory note for $400, and for damages under a lease of farm land by plaintiff to defendant Ed Fenton, in which plaintiff asked for an attachment against the property of defendant, and in pursuance of which there was a levy on said defendant’s property, which was released 'by delivery bond.
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Appeal from Boone District Court.— Hon. C. G. Lee, Judge. Action on a promissory note for $400, and for damages under a lease of farm land by plaintiff to defendant Ed Fenton, in which plaintiff asked for an attachment against the property of defendant, and in pursuance of which there was a levy on said defendant’s property, which was released 'by delivery bond. The defendants admitted liability on the note, denied breach of the provisions of the lease, and interposed a counterclaim for damages on the attachment bond on account of the wrongful and malicious suing out of the attachment. There…
1Opinion of the CourtMcClain, J.
1. Attachments: issuance* mahce. One of the grounds for new trial set up in plaintiff’s motion was that the exemplary damages allowed by the jury were excessive, and that the verdict appeared on the face of the record to have been * given under the influence of passion and prejudice. We think that on this ground at least the motion should have been sustained. There is slight evidence of malice aside from the mere fact that plaintiff made claim for a considerable sum on account of damages to the leased property by the defendant Ed Fenton in violation of the terms of his lease which was not…
2Cases cited22 opinions
- Tynberg v. Isaac & CohenTexas Supreme Court · 1890
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Lœwenthal v. StrengIllinois Supreme Court · 1878
- Saunders v. MullenSupreme Court of Iowa · 1885
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3Cited by33 opinions
- Bankers Life & Casualty Company v. C. M. Kirtley, Trustee in Corporate Reorganization Proceedings of Automatic Washer CompanyCourt of Appeals for the Eighth Circuit · 1962
- Sebastian v. WoodSupreme Court of Iowa · 1954
- Geist v. MooreIdaho Supreme Court · 1937
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
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