Preston v. Peterson
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. W. R. Green, Judge. The action is for the possession o£ certain account books, showing accounts of B. P. Olsen against divers persons alleged to have been assigned and delivered by said Olsen to plaintiff to secure certain claims held by plaintiff for collection against Olsen.
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Appeal from Pottawattamie District Court. — Hon. W. R. Green, Judge. The action is for the possession o£ certain account books, showing accounts of B. P. Olsen against divers persons alleged to have been assigned and delivered by said Olsen to plaintiff to secure certain claims held by plaintiff for collection against Olsen. The answer is a general denial, except that it admits what plaintiff alleges to be his belief, on information, Jhat defendant’s claim to the books is also an assignment from said Olsen. The issues were tried to a jury that returned a finding for plaintiff, and from a…
1Opinion of the CourtGranger, J.
I. After the evidence was closed, the parties made the following stipulation: “It is agreed by the parties to this action that the only question which shall be submitted to the jury shall be presented to them by the court in the form of a special interrogatory as to whether or not there *245was an assignment or transfer of the property in controversy in this case to the plaintiff, and that judgment shall eventually he rendered herein hy the court in accordance with the determination of this special finding and what the court shall determine to be the undisputed facts in this case; parties,…
2Cases cited1 opinion
- Deere & Co. v. NeedlesSupreme Court of Iowa · 1884