Bryan & Co. v. Scurlock
Supreme Court of Iowa
Appeal from Black Hawk District Court. — H. B. Boies, Judge. This is stated to be an action in equity, under a supplemental petition to recover a money judgment for certain shares of stock in the IVI. & S. Gear Company, which the trial court had previously ordered transferred to the plaintiffs, appellees.
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Appeal from Black Hawk District Court. — H. B. Boies, Judge. This is stated to be an action in equity, under a supplemental petition to recover a money judgment for certain shares of stock in the IVI. & S. Gear Company, which the trial court had previously ordered transferred to the plaintiffs, appellees. It was the theory of the appellees — and it prevailed below— that defendants were guilty of wrongful conversion of shares that plaintiff equitably owned in a patent; that defendants, appellants, had wrongfully converted as well the proceeds of selling said invention; and that plaintiffs were…
1Opinion of the CourtSalinger, J.
*5361. Appeal and error : law of case: conditions attached to order. *535— I. On the main trial of this cause, the plaintiffs, declaring that the option was not given to the defendants, *536but was given to the trial court, gave that court the option to order either that certain shares of the M. & S. Gear Company should be by the defendants transferred to the plaintiffs, or to give plaintiffs a money judgment for the alleged value of said shares. The court exercised said option by making an order that, within a time stated, a certain number of said shares should be transferred and delivered by defendants…
2Cases cited3 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Watson v. CoburnNebraska Supreme Court · 1892
- Bryan & Co. v. ScurlockSupreme Court of Iowa · 1918
3Cited by6 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Norman v. City of Sioux CitySupreme Court of Iowa · 1925
- Nelson v. All American Life & Financial Corp.Court of Appeals for the Eighth Circuit · 1989
- Glenn F. Nelson, Sam Scheidler, and James E. Maloney, Suing on Behalf of Themselves, Individually, and (Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order Entered September 14, 1976 by Chief Judge Hanson) on Behalf of Members of a Class Consisting of All Persons Who Owned Common Stock of General United Group, Incorporated, an Iowa Corporation, Whose Common Stock Interest Was Terminated by a Purported Merger of General United Group, Incorporated, With Another Corporation on or After May 17, 1973, and the Heirs, Successors by Operation of Law, Legal Representatives, and Assigns of Such Persons, but Excluding Persons Named as in This Civil Action No. 75-100-2, and Also Excluding Those Persons Who Were Members of Plaintiffs' Class in the Case Entitled James Perry Lamb v. United Security Life Company, a Corporation, Civil Action No. 10-295-2 in This Court, and Also Excluding Those Persons Who Filed Timely Requests for Exclusion From the Class in This Civil Action No. 75-100-2 v. All American Life & Financial Corporation, a Corporation, All American Life & Casualty Company, a Corporation General United Group, Incorporated, a Corporation United Security Life Company, a Corporation General United Life Insurance Company, a Corporation, Jack Schroeder Dale H. Squiers Robert L. Busch Everette E. Ballard John W. Gardiner R. Dean Ballard Charles S. Northen, Jr. And John D. Scarlett. Glenn F. Nelson, Sam Scheidler, and James E. Maloney, Suing on Behalf of Themselves, Individually, and (Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order Entered September 14, 1976 by Chief Judge Hanson) on Behalf of Members of a Class Consisting of All Persons Who Owned Common Stock of General United Group, Incorporated, an Iowa Corporation, Whose Common Stock Interest Was Terminated by a Purported Merger of General United Group, Incorporated, With Another Corporation on or After May 17, 1973, and the Heirs, Successors by Operation of Law, Legal Representatives, and Assigns of Such Persons, but Excluding Persons Named as in This Civil Action No. 75-100-2, and Also Excluding Those Persons Who Were Members of Plaintiffs' Class in the Case Entitled James Perry Lamb v. United Security Life Company, a Corporation, Civil Action No. 10-295-2 in This Court, and Also Excluding Those Persons Who Filed Timely Requests for Exclusion From the Class in This Civil Action No. 75-100-2 v. All American Life & Financial Corporation, a Corporation, All American Life & Casualty Company, a Corporation General United Group, Incorporated, a Corporation United Security Life Company, a Corporation General United Life Insurance Company, a Corporation, All American Life Insurance Company, a Corporation, Jack Schroeder Dale H. Squiers Robert L. Busch Everette E. Ballard John W. Gardiner R. Dean Ballard Charles S. Northen, Jr. And John D. ScarlettCourt of Appeals for the Eighth Circuit · 1989
- Fellers v. Modern Woodmen of AmericaSupreme Court of Iowa · 1921
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