Gunsel v. McDonnell
Supreme Court of Iowa
Appeal from Olay District Gourt. Plaintiff brought this action to recover the value of a buggy and a pair of buggy shafts, which he alleges the defendants wrongfully and maliciously took from his possession and converted to their own use. lie alleges that he had a special property in the buggy, and that he was entitled to the present possession of it, and that he was the absolute owner of the shafts.
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Appeal from Olay District Gourt. Plaintiff brought this action to recover the value of a buggy and a pair of buggy shafts, which he alleges the defendants wrongfully and maliciously took from his possession and converted to their own use. lie alleges that he had a special property in the buggy, and that he was entitled to the present possession of it, and that he was the absolute owner of the shafts. In one count of his petition he demands punitory damages on accopnt of the malicious taking and conversion of said property by defendants. In one division of their answer the defendants deny all…
1Opinion of the CourtEeed, J.
The evidence tended to prove that Mayne, the owner of the buggy in question, delivered it to plaintiff as a security for a debt he was owing him, and that this pledge of the property was made before the execution of the mortgage under which defendants took possession of it. It also shows that, at the time defendants took the buggy from plaintiff’s possession, he objected to their taking it, and asserted that he had brought it from Illinois, but made no claim that he had a lien upon it.
l. instructions as to pleadings: !yrothelrinstructions. I. In instructing the jury, the court did not…
2Cases cited1 opinion
- Angell v. JohnsonSupreme Court of Iowa · 1879
3Cited by4 opinions
- Johnson v. CarterSupreme Court of Iowa · 1909
- Hanen v. LenanderSupreme Court of Iowa · 1916
- Kenny v. Bankers Accident InsuranceSupreme Court of Iowa · 1907
- McDonald v. BiceSupreme Court of Iowa · 1901