Alsberg, Jourdan & Co. v. Latta
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. The plaintiffs brought this action against the defendants for the recovery of $200, for an alleged wrongful seizure and conversion, by the defendants, of certain goods and merchandise belonging to the plaintiff.
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Appeal from Des Moines Circuit Court. The plaintiffs brought this action against the defendants for the recovery of $200, for an alleged wrongful seizure and conversion, by the defendants, of certain goods and merchandise belonging to the plaintiff. The defendants answer, pleading three separate defenses, viz.: 1. A general denial of each affirmative allegation in the petition. 2. That the goods were the property of one J. D. Holden, a debtor of defendants, Edward & Beardsley; that the defendant, Latta, was sheriff of Des Moines county; that as such he seized and sold said goods upon a writ…
1Opinion of the CourtMiller, J.
1.Sales offer-delivery. I. The main facts of the case, as shown by the record, are: That about the 20th day of November, 1868, J. D. Holden, of Burlington, gave an order to the agent oi plaintiffs — merchants of the city of New York — for a bill of goods, which were shipped by plaintiffs to Holden at Burlington, November 25, 1868. On their arrival Holden refused to receive them, and wrote plaintiffs, December 1, 1868, as follows: “ I am not in the habit of allowing houses to fill my orders as they please. The goods will remain in the freight-house subject to your order.”
(The evidence showed…
2Cases cited2 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Cox v. BurnsSupreme Court of Iowa · 1855
3Cited by9 opinions
- Baker v. Johnson CountySupreme Court of Iowa · 1873
- Leggett & Meyer Tobacco Co. v. CollierSupreme Court of Iowa · 1893
- Foshier v. FetzerSupreme Court of Iowa · 1912
- Cangas v. L. M. Rumsey Manufacturing Co.Missouri Court of Appeals · 1889
- Robertson v. TapleyMissouri Court of Appeals · 1892
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