Harper v. Dotson
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action to recover on two promissory notes, made for $1,500 each, by defendants to plaintiffs. The defendants set up a failure of consideration, and also a counter-claim of $7,000. The plaintiffs sold to defendants a steamboat for $10,000, of which $7,000 was paid in cash, and the notes in suit were given for the balance. The plaintiffs covenanted that the boat was free from liens.
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Appeal from Pottawattamie District Court. Action to recover on two promissory notes, made for $1,500 each, by defendants to plaintiffs. The defendants set up a failure of consideration, and also a counter-claim of $7,000. The plaintiffs sold to defendants a steamboat for $10,000, of which $7,000 was paid in cash, and the notes in suit were given for the balance. The plaintiffs covenanted that the boat was free from liens. Afterwards it appeared that it was not free from liens at the time of said sale, but one Geo. D. Winchell, Upson & Co. held a lien for $251.50, who filed their libel in the…
1Opinion of the CourtAdams, J.
I. It is claimed by the defendants that they were divested of their title by reason of a lien, against which the plaintiffs had covenanted, and that the measure of their damages is the purchase price of the boat.
That a lien, to-wit: the lien in favor of Winchell, Upson & Co., did exist when the plaintiffs sold to the defendants, is not denied. That the boat was libeled by Winchell, Upson & Co., and a decree obtained in their favor against the boat, is also not denied. But the claims under which the boat was really sold were the seamen’s claims, because they were paramount (although subsequent…
2Cases cited2 opinions
- Dunn v. WhiteSupreme Court of Alabama · 1840
- Baker v. RailsbackIndiana Supreme Court · 1853