Long v. Howard
Supreme Court of Iowa
Appeal from Polk Dist/riet Court. Action of replevin of two horses, one halter, and one two-horse wagon. The plaintiff claims the property as owner thereof. The defendant claims it in virtue of a chattel mortgage executed thereon to secure the price of the wagon, purchased by plaintiff from defendant. Jury trial. Yerdiet for plaintiff. Defendant appeals. The necessary facts are stated in the opinion.
1Opinion of the CourtDay, J.
Upon the trial there was evidence tending to show that the plaintiff, before the property was taken from his possession under the chattel mortgage, offered to defendant a sum, which, in connection with the value of certain labor performed for defendant, and which was to be applied toward the payment for the wagon, equaled the amount due on the purchase, and that defendant refused to receive it. The court gave the following instruction: “ If the plaintiff was owing the defendant for said property, and the chattel mortgage was given to secure the payment therefor; and if you further find that…
2Cases cited1 opinion
- Freeman v. FlemingSupreme Court of Iowa · 1858
3Cited by2 opinions
- Hill v. RolfsemaSupreme Court of Iowa · 1939
- Robinson v. MainSupreme Court of Iowa · 1940