Gensburg v. Marshall Field & Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. J. L. Hus ted, Judge. The defendant obtained judgment against A. Goldberg and B'lumenthal & Goldberg, and, on November IB, 1891, caused execution to be issued thereon; later levied on the goods in controversy. Though duly served with- notice of plaintiff’s ownership, the sheriff sold the good's, and this action is brought for damages resulting from their conversion. Trial to jury. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtLadd, J.
1 In .actions for the conversion of personal property, where no special circumstances, require a ■different rule, the measure of damages is the fair market value of the property at the place and time of conversion, with interest. Brown v. Allen, 35 Iowa, 306; Gravel v. Clough, 81 Iowa, 274; Thew v. Miller, 73 Iowa, 742; 5 Am. & Eng. Enc. Law, 40; Ripley v. Davis, 90 Am. Dec. 262, and note. If it appears that the property has no market value at that place,- then the actual value may be allowed, instead: Gere v. Insurance Co., 67 Iowa, 275; Clements v. Railway Co., 74 Iowa, 442. In the last…
2Cases cited11 opinions
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Gere v. Council Bluffs Ins.Supreme Court of Iowa · 1885
- Hoffman v. . ConnerNew York Court of Appeals · 1879
- Brown v. AllenSupreme Court of Iowa · 1872
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3Cited by6 opinions
- Pogge v. Fullerton Lumber Co.Supreme Court of Iowa · 1979
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- Ontario Livestock Commission Co. v. FlynnSupreme Court of Iowa · 1964
- John Q. Hammons Hotels, Inc. John Q. Hammons Hotels, L.P. v. Acorn Window Systems, Inc. Nabholz Construction CorporationCourt of Appeals for the Eighth Circuit · 2005
- Merritt v. HuberSupreme Court of Iowa · 1908
1 more not listed; retrieve them via the Exa API.