Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. McElhany

Supreme Court of Iowa

Decided November 17, 1917PublishedCited by 6 opinions

Appeal from Superior Court, of Cedar Rapids — C. B. Robbins, Judge. Action in replevin to recover the possession of a certain automobile. Opinion states tbe facts. Judgment for tbe plaintiff in tbe court below. Defendant appeals.—

1Opinion of the CourtGaynor, C. J.

1. Carriers: bills of lading: posession without bill of lading: tranfers of title: effect. This is an action in replevin, to recover the possession of a certain automobile which it is alleged was taken' from the possession of the plaintiff, a common carrier, without its knowledge or consent, and without the surrender of a negotiable bill of lading covering its transportation. The petition was in the usual form of replevin.

After denyin'g the allegations of plaintiff’s petition, defendants interposed the following defense: That the defendant purchased said automobile from one Cowley, who, at…

2Cited by6 opinions

  1. Reichart v. DownsSupreme Court of Iowa · 1939
  2. Laing v. State Farm Fire & Casualty Co.Supreme Court of Iowa · 1975
  3. Stutsman v. CrainSupreme Court of Iowa · 1919
  4. Cowan v. Allamakee County Benevolent SocietySupreme Court of Iowa · 1943
  5. Thuman v. Monroe County Truck & Implement Co.Supreme Court of Iowa · 1977

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