Knapp & Spalding Co. v. Barnard & Co.
Supreme Court of Iowa
Appeal from Sioux District Court. — Hon. Scott M. Ladd, Judge. Action aided by attachment to recovér a balance dne on account lor merchandise sold by plaintiff to defendants. The defendants admit the account of plaintiff, but seek to recover actual and exemplary damages for the alleged wrongful and malicious suing out of the writ of attachment. There was a trial by jury, and a .verdict and judgment for a part of the amount plaintiff -claimed. Plaintiff appeals.
1Opinion of the CourtRobinson, J.
It is conceded that the balance due-plaintiff on its account was six hundred and ninety-three dollars. The jury allowed defendants four hundred and thirteen dollars as actual, and thirty-eight dollars as exemplary, damages; fixing the amount of plaintiff ’ s recovery at two hundred and forty-two dollars.
I. The jury found specially that each of the three grounds for an attachment, alleged in the petition, was untrue, and that plaintiff had no, reasonable ground for believing it to be true when the attachment was sued out. Appellant insists that the special findings and verdict are not…
2Cases cited3 opinions
- Hencke v. JohnsonSupreme Court of Iowa · 1883
- Ryder v. ThomasSupreme Court of Iowa · 1871
- Horner v. HarrisonSupreme Court of Iowa · 1873
3Cited by4 opinions
- Zundelowitz v. WebsterSupreme Court of Iowa · 1896
- Wild Rose Orchard Co. v. CritzerWashington Supreme Court · 1914
- Fulmer v. Mahaska CountySupreme Court of Iowa · 1894
- Sellem v. Iowa City BankSupreme Court of Iowa · 1897