Tallant v. Burlington Gas-light Co.
Supreme Court of Iowa
Ajypealfrom Des Momes District Oowrt. The plaintiff’s petition states that in 1857 he, with one R. C. Kendall, became surety on a promissory note made by Greene, Thomas & Co., to the Burlington Gass-light Company in the sum of $1,000, payable in sixty days; that in 1858 Greene, Thomas & Co. paid off said note in full; that in the same year plaintiff, Tallant, became a non-resident of the State of Iowa, at which time he left with certain persons, named, in Burlington, Iowa,…
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Ajypealfrom Des Momes District Oowrt. The plaintiff’s petition states that in 1857 he, with one R. C. Kendall, became surety on a promissory note made by Greene, Thomas & Co., to the Burlington Gass-light Company in the sum of $1,000, payable in sixty days; that in 1858 Greene, Thomas & Co. paid off said note in full; that in the same year plaintiff, Tallant, became a non-resident of the State of Iowa, at which time he left with certain persons, named, in Burlington, Iowa, over $6,000 in money, notes and other property; that in 1859 the defendant herein brought an action on said note in the…
1Opinion of the CourtMiller, J.
— The plaintiff seeks to recover damages for the alleged wrongful suing out of a writ of attachment in an action wherein the defendant herein was plaintiff and the plaintiff herein was a defendant, upon which writ his property was seized and held for several years to his injury. No malice .or want of probable cause is alleged in the suing out of the attachment. Nor is it averred that the property attached was not subject to attachment. This action is not brought upon the attachment bond, nor is a copy of the same annexed to the petition. The demurrer raises the question whether, in the…
2Cases cited7 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- Calking v. BaldwinNew York Supreme Court · 1830
- Murray v. LongNew York Supreme Court · 1828
- Sackett, Belcher & Co. v. PartridgeSupreme Court of Iowa · 1857
- Stadler Bro. & Co. v. ParmleeSupreme Court of Iowa · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. . McKaneNew York Court of Appeals · 1894
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Carraher v. AllenSupreme Court of Iowa · 1900
- Storz v. FinklesteinNebraska Supreme Court · 1896
- Ames v. ChirurgSupreme Court of Iowa · 1911
2 more not listed; retrieve them via the Exa API.