Legal Opinion

Griffith v. Burden

Supreme Court of Iowa

Decided September 19, 1872PublishedCited by 14 opinions

Appeal from Dubuque Dist/riat Oou/rt. The plaintiff, in his petition, alleges that on the 26th day of October, 1866, he delivered to the defendants a certain $1,000 Minnesota State bond, No.-, with a large number of coupons thereto attached, issued in aid of the railroads in said State, for collection, or for return on demand; that he has demanded the return of said bond and coupons, but defendants have failed to return the same and have converted them to their own use.

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Appeal from Dubuque Dist/riat Oou/rt. The plaintiff, in his petition, alleges that on the 26th day of October, 1866, he delivered to the defendants a certain $1,000 Minnesota State bond, No.-, with a large number of coupons thereto attached, issued in aid of the railroads in said State, for collection, or for return on demand; that he has demanded the return of said bond and coupons, but defendants have failed to return the same and have converted them to their own use. The plaintiff asks judgment for $2,000 and costs. The defendants, in their answer, admit the delivery of the bond to them…

1Opinion of the CourtOole, J.

The counsel for the respective parties concur in the statement, that the only question here for decision is as to the proper rule of damages in the .case. The plaintiff’s counsel claim that the face of the bond and matured coupons, with interest from date of conversion, constitute the true legal measure of damages, unless it should be shown that the maker was insolvent, or that the bond and coupons were illegally issued or have been paid; while the defendants’ counsel claim that the market value of the bond and coupons at the time of conversion, with interest therefrom, is the correct rule,…

2Cases cited1 opinion

  1. Clark v. City of Des MoinesSupreme Court of Iowa · 1865

3Cited by14 opinions

  1. City of Memphis v. BrownSupreme Court of the United States · 1874
  2. Kornegay v. . GoldsboroSupreme Court of North Carolina · 1920
  3. In Re WasherCalifornia Supreme Court · 1927
  4. Kornegay v. City of GoldsboroSupreme Court of North Carolina · 1920
  5. Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927

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