Miller v. F. Beck & Co.
Supreme Court of Iowa
• Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law upon an attacbment bond to recover damages for tbe alleged wrongful suing out of an attacbment. Defense, a general denial, and an ■ affirmative plea to tbe ■effect that tbe damages claimed by plaintiff have been paid by tbe recovery of judgment for tbe identical items claimed in this case in an action wherein plaintiff recovered upon an attacbment bond against, other attaching creditors.
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• Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law upon an attacbment bond to recover damages for tbe alleged wrongful suing out of an attacbment. Defense, a general denial, and an ■ affirmative plea to tbe ■effect that tbe damages claimed by plaintiff have been paid by tbe recovery of judgment for tbe identical items claimed in this case in an action wherein plaintiff recovered upon an attacbment bond against, other attaching creditors. Tbe case was tried to a jury, resulting in a verdict-and judgment for plaintiff, and defendant appeals.
1Dissent
BobiNSON, O. J.
(dissenting).- — I. The theory of the appellants on the original submission was that Beck & Co. and "Shaber, Beinthal & Co. were joint wrongdoers, and that the satisfaction of the claim of the plaintiff, as against the latter, operated to release the former. It was not understood by the court, nor apparently by counsel for the appellee, that the appellants claimed that satisfaction of the demand of the plaintiff against Shaber, Beinthal & Co. would operate as a release of Beck & Co., even though they were not joint wrongdoers, and the original opinion was written to meet the…
2Cases cited6 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Metz v. SouleSupreme Court of Iowa · 1875
- McDermott v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1892
- Ennis v. ShileySupreme Court of Iowa · 1877
- Engleken v. WebberSupreme Court of Iowa · 1877
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