Legal Opinion

Cathcart v. Snow & Huber

Supreme Court of Iowa

Decided October 23, 1884PublishedCited by 2 opinions

Appeal from Marion District Court. This action is brought by the plaintiff, as the assignee of one Henry of certain alleged wheat receipts. The defendants are the owners of a warehouse, used for the storage of grain. In September, 1874, they received from Henry a certain quantity of No. 2 wheat, and afterwards delivered a portion, but the balance they shipped out and sold, without Henry’s knowledge or consent.

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Appeal from Marion District Court. This action is brought by the plaintiff, as the assignee of one Henry of certain alleged wheat receipts. The defendants are the owners of a warehouse, used for the storage of grain. In September, 1874, they received from Henry a certain quantity of No. 2 wheat, and afterwards delivered a portion, but the balance they shipped out and sold, without Henry’s knowledge or consent. Their excuse for doing so was that Henry was indebted to them for a still larger amount, and that they were willing to give him the full value of his wheat by crediting him the amount…

1Opinion of the CourtAdams, J.

The question argued in this case, and upon which the court below found for the defendants, is as to the defendants’ right to set up Henry’s indebtedness to them by way of counter-claim against the plaintiff.

Before proceeding to the consideration of the question upon its merits, it is proper that we should observe that the counter-claim was filed after the case was referred. Section 2827 of the Code provides “that the order (of reference) shall not he made until the. case is at issue as to the parties whose rights are to be examined on the reference.” The plaintiff objected to the filing of…

2Cases cited2 opinions

  1. Lees v. WetmoreSupreme Court of Iowa · 1882
  2. Robson v. SwartSupreme Court of Minnesota · 1869

3Cited by2 opinions

  1. In re the Estate of GoldthorpSupreme Court of Iowa · 1895
  2. Sinsheimer v. WhitelyCalifornia Supreme Court · 1896

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