Legal Opinion

Remington Typewriter Co. v. McArthur

Supreme Court of Iowa

Decided December 17, 1909PublishedCited by 4 opinions

Appeal from Scott District Court. — IIon. A. J. House, Judge. Action of replevin begun before a justice of the peace to recover possession of a typewriter alleged to be held by the sheriff under writ of attachment in favor of the defendant Mahan against the International Bird Company. In this action Mrs. Dittoe intervened, claiming the typewriter by virtue of a landlord’s lien.

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Appeal from Scott District Court. — IIon. A. J. House, Judge. Action of replevin begun before a justice of the peace to recover possession of a typewriter alleged to be held by the sheriff under writ of attachment in favor of the defendant Mahan against the International Bird Company. In this action Mrs. Dittoe intervened, claiming the typewriter by virtue of a landlord’s lien. There was a judgment for the intervener, which judgment was affirmed on appeal to the district court., and from said judgment defendants appeal to this court. The plaintiff abandons its claim to the property, and the…

1Opinion of the CourtWeaver, J.

The cause was tried in the district court on the following agreed statement of facts:

Plaintiff delivered its typewriter to the International Bird Company, on condition that monthly payments be made, and that when such payments equaled price of machine typewriter to be property of Bird Company, title meantime to remain in plaintiff. Said typewriter was delivered to Bird Company under a written conditional sale contract, and said contract was not recorded, nor did the intervener or the defendants have notice, either actual or constructive, of any condition upon which the title to said…

2Cases cited4 opinions

  1. Watt v. ScofieldIllinois Supreme Court · 1875
  2. Edwards & Beardsley v. Cottrell & BabcockSupreme Court of Iowa · 1876
  3. Knox v. HellumsSupreme Court of Arkansas · 1882
  4. Hilman v. BrighamSupreme Court of Iowa · 1902

3Cited by4 opinions

  1. Verschoor v. MillerSupreme Court of Iowa · 1966
  2. Daniel v. HammersSupreme Court of Iowa · 1925
  3. Hubbard Milling Co. v. KempfSupreme Court of Iowa · 1942
  4. Chorpening v. NickersonSupreme Court of Iowa · 1937

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