New Sharon Creamery Co. v. Knowlton
Supreme Court of Iowa
Appeal from Mahaska District Court.— Hon. John T. Scott, Judge. Action at law to recover contract price of certain dairy separators. The defendant admitted the account or claim sued upon, and pleaded a counterclaim on attachment bond. There was a verdict and judgment for defendant, and plaintiff appeals.—
1Opinion of the CourtWeaver, J.
After the commencement of this action the plaintiff sued out a writ of attachment and caused it to be levied upon certain lands belonging to the defendant. The counterclaim alleges that the writ was procured wrongfully, maliciously, and without reasonable cause, and demands damages, not only for the time and expense incurred by defendant in contesting the attachment, but for injury resulting to plaintiff’s credit and business standing and for loss of profits in his business. Testimony was introduced bearing on each of these alleged items of damage, but the trial court in its charge withdrew…
2Cases cited8 opinions
- Trawick v. Martin Brown Co.Texas Supreme Court · 1890
- Elder v. KutnerCalifornia Supreme Court · 1893
- Tank v. RohwederSupreme Court of Iowa · 1896
- Tisdale v. MajorSupreme Court of Iowa · 1898
- Britson v. TjernagelSupreme Court of Iowa · 1894
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3Cited by5 opinions
- Lee v. Coon Rapids National BankSupreme Court of Iowa · 1913
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Armentrout v. BaldwinSupreme Court of Iowa · 1914
- Hildenbrand v. StinsonSupreme Court of Iowa · 1950
- Thielen v. SchechingerSupreme Court of Iowa · 1930