Nelson v. Lindsey
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — O. D. Wheeler, Judge. Action by the plaintiff against the sheriff to recover the value of an automobile alleged to be the property of the plaintiff, and wrongfully attached by the sheriff as the property of another. The real defendant in interest is Florine, the attachment creditor. The debtor in the attachment suit was Gray, an automobile dealer.
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Appeal from Pottawattamie District Court. — O. D. Wheeler, Judge. Action by the plaintiff against the sheriff to recover the value of an automobile alleged to be the property of the plaintiff, and wrongfully attached by the sheriff as the property of another. The real defendant in interest is Florine, the attachment creditor. The debtor in the attachment suit was Gray, an automobile dealer. Fpon trial to a jury, there was a general verdict and special findings for the plaintiff, and the defendant appeals.
1Opinion of the CourtEvans, J.
1. Joint adventures : liability thimpirsins. 1. Gray was an automobile dealer, engaged in business at Council and making a specialty of handling the Crescent Ohio automobile. He had little, if any, available capital. While so engaged in such business, and on October 1, 1913, Gray obtained from Florine the sum of $2,000. At the same time, the following writing was signed:
“In consideration of $2,000 to be invested by L. Florine of Gleghorn, Iowa, with E. E. Gray, of Council Bluffs, Iowa, in a wholesale automobile business: that E. E. Gray is to give Mr. Florine’s son Philip the best…
2Cases cited9 opinions
- Dorr v. CorySupreme Court of Iowa · 1899
- Winter v. John Pipher & Co.Supreme Court of Iowa · 1895
- Johnson v. GavittSupreme Court of Iowa · 1901
- Iler v. GriswoldSupreme Court of Iowa · 1891
- Gamble v. LofflerSouth Dakota Supreme Court · 1911
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3Cited by15 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Bond v. O'DonnellSupreme Court of Iowa · 1928
- State Ex Rel. McCrory v. Bland.Supreme Court of Missouri · 1946
- Reynolds v. McMurrayCourt of Appeals for the Tenth Circuit · 1932
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