Van Gordon v. Ormsby Bros. & Co.
Supreme Court of Iowa
Appeal from, Polo Alto Circuit Cowt. This cause was before in this court, and is reported in 55 Iowa, 657, to which, for a more full statement of the facts, reference is made. The defendants, Ormsby Bros. & Co., as agents of the plaintiff, sold a farm, the legal title to which was in the plaintiff, and had in their possession $640 of the purchase money.
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Appeal from, Polo Alto Circuit Cowt. This cause was before in this court, and is reported in 55 Iowa, 657, to which, for a more full statement of the facts, reference is made. The defendants, Ormsby Bros. & Co., as agents of the plaintiff, sold a farm, the legal title to which was in the plaintiff, and had in their possession $640 of the purchase money. For the recovery of this sum the plaintiff brought an action against Ormsby Bros. & Co. The defendants answered, admitting the possession of the money, and> alleging that they were garnished under five executions against P. F. Yan Gordon, and…
1Opinion of the CourtDay, J.
Thé only question involved in the case is whether the intervenors should be charged interest upon the sum which, by their procurement, remained in the hands of the clerk subject to the order of the court. We know of no rule of law which justifies the recovery of such interest. It is claimed that interest is recoverable where money is withheld against the will of the owner, and by way of punish*512ment for any illegal conversion or use of another’s property. But the intervenors did not convert or use the plaintiff’s money, nor did they withhold it from him. The money was paid into court to await…
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- Cloud v. BurnettSupreme Court of Iowa · 1929
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