Marienthal, Lehman & Co. v. Shafer
Supreme Court of Iowa
Appeal from, the Lee District Court. The plaintiff sold to one Nutts, a quantity of intoxicating liquors. After the sale and delivery, they were attached, as the property of said Nutts, at the suit of several of his creditors. Plaintiffs then replevied said liquors, making Nutts, the attaching creditors, and the sheriff, parties defendants.
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Appeal from, the Lee District Court. The plaintiff sold to one Nutts, a quantity of intoxicating liquors. After the sale and delivery, they were attached, as the property of said Nutts, at the suit of several of his creditors. Plaintiffs then replevied said liquors, making Nutts, the attaching creditors, and the sheriff, parties defendants. On the trial, certain instructions were asked by the plaintiffs and given; others asked by defendants, and refused; and others again given by the court; to the giving and refusing to give all which, the defendants excepted. Yerdict and judgment for…
1Opinion of the CourtWrigiit, C. J.
— ’Several instructions were asked by plaintiffs and given, embodying substantially the same principle as that contained in the following, which was given by the court in the instructions in chief: “If the jury find that the contract for the sale of the liquors, was made in the State of Iowa, to be sold in violation of the law, no right of property ever passed out of plaintiffs to Nutts, by reason of such sale ; but it remained in plaintiffs, and was not subject to the attaching creditors, or Nutts.” The jury were also instructed, “that if they believed that defendants held through George…
2Cases cited4 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Hannay v. EveSupreme Court of the United States · 1806
- Bartle v. NuttSupreme Court of the United States · 1830
3Cited by10 opinions
- Martin v. HodgeSupreme Court of Arkansas · 1886
- Iowa Electric Co. v. Incorporated Town of WinthropSupreme Court of Iowa · 1924
- Marx Truck Line, Inc. v. FredricksenSupreme Court of Iowa · 1967
- Tootle, Hosea & Co. v. TaylorSupreme Court of Iowa · 1884
- Ritchie v. HilmerSupreme Court of Iowa · 1960
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