Campbell v. Wheeler
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. Puaintiee brought this action to recover the value of certain personal property which he alleges defendant unlawfully and wrongfully carried away and converted, and the cost and expense of carrying back to his farm certain other property which defendant removed therefrom.
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Appeal from Cerro Gordo District Court. Puaintiee brought this action to recover the value of certain personal property which he alleges defendant unlawfully and wrongfully carried away and converted, and the cost and expense of carrying back to his farm certain other property which defendant removed therefrom. Defendant answered that he took possession of said property under four chattel mortgages, given by plaintiff' to secure certain debts he was owing him, and that he foreclosed said mortgages, and sold sufficient of the property to satisfy the indebtedness. In his reply plaintiff averred…
1Opinion of the CourtReed, J.
On the seventeenth of February, 1881, plaintiff and his wife executed to defendant their promissory note *590for $542.68, and gave a chattel mortgage to secure the same. This note and mortgage, as is shown by a memorandum written on the back of the note, were given as security for five other notes previously executed, and for any book-account or other claim that defendant might hold against plaintiff during the years 1881 and 1882. Three of the promissory notes mentioned in said memorandum were also secured by chattel mortgages on the same property covered by the mortgage given on the seventeenth…
2Cases cited2 opinions
- Edwards & Beardsley v. Cottrell & BabcockSupreme Court of Iowa · 1876
- McConnell v. People ex rel. PurvinesIllinois Supreme Court · 1877
3Cited by7 opinions
- Whitman v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1915
- Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
- State v. ProostSupreme Court of Iowa · 1938
- Colby v. W. W. Kimball Co.Supreme Court of Iowa · 1896
- Myers, Tice & Co. v. SnyderSupreme Court of Iowa · 1895
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