Frick v. Kabaker
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. W. S. Withrow, Judge. Action for tbe conversion of a stock of merchandise, consisting of clothing, boots and shoes, and gentlemen’s furnishings.
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Appeal from Des Moines District Court. — Hon. W. S. Withrow, Judge. Action for tbe conversion of a stock of merchandise, consisting of clothing, boots and shoes, and gentlemen’s furnishings. Defendant denied plaintiff’s ownership or right to the possession of the property, and pleaded that he was the owner thereof, or at least, -held title thereto as security for money advanced to plaintiff’s intestate, Julius Brown; the amount of which was agreed to by Brown during his lifetime. Defendant further pleaded a settlement with Brown during his life, and further asked that, if the -settlement be…
1Opinion of the Court
Deemer, J. —
1
*501 2
*5023 *500The first questions presented relate to matters of practice, and they will be disposed of before going to the merits of the controversy. In order to dispose of these questions it will be necessary, however, to briefly recite some of the facts. Prior to his death, in May, 1898, Julius Brown was engaged in business in the city of Burlington. Tie had a limited capital, and defendant, who was his friend, and was engaged in a like business, furnished him goods from time to time with which to conduct the business. Defendant claims that the amount at the time of Brown’s demise was…
2Cases cited23 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- McElhenney v. HendricksSupreme Court of Iowa · 1891
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. BowmanUtah Supreme Court · 1907
- In Re Estate of MottSupreme Court of Iowa · 1925
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Lawrence v. City of Sioux CitySupreme Court of Iowa · 1915
- Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
18 more not listed; retrieve them via the Exa API.