Hoyt v. Fuller
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. This was an action for damages for an excessive levy.
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In Error to the Circuit Court of the United States for the Southern District of Iowa. This was an action for damages for an excessive levy. In the amended complaint upon which the action was tried the defendant in error, J. L. Fuller, alleged.that on October 4, 1894, the plaintiff in error, Sue A. Hoyt, caused a writ of attachment against him for the sum of $517.50 to be levied upon 23,000 bushels of his corn in the crib, which was then situated in Guthrie county, in the state of Iowa; that this property was worth $11,500, and the levy was excessive in the sum of $10,745; that the plaintiff…
1Opinion of the CourtSanborn, Circuit Judge
The measure of damages for the conversion of personal property is the value of that property at the time and place of its conversion, in the absence of a plea and proof of facts and circumstances which entitle the injured party to special damages. Suth. Dam. § 1109; Brown v. Allen, 35 Iowa, 306; Gravel v. Clough, 81 Iowa, 274, 46 N. W. 1092; Thew v. Miller, 73 Iowa, 742, 36 N. W. 771. One of the exceptions to the general rule is that the measure of damages for the conversion of stocks and like speculative property is the highest market value which the property attains between the time of its…
2Cases cited9 opinions
- Galigher v. JonesSupreme Court of the United States · 1889
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
- Brown v. AllenSupreme Court of Iowa · 1872
- First Nat. Bank of Kansas City v. RushCourt of Appeals for the Eighth Circuit · 1898
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3Cited by7 opinions
- Burton Schultz v. Commodity Futures Trading Commission, Incomco, Inc. And Philip M. SmithCourt of Appeals for the Second Circuit · 1983
- W. B. Moses & Sons v. LockwoodDistrict Court, District of Columbia · 1924
- Barry v. State Surety CompanySupreme Court of Iowa · 1967
- Clements v. MuellerCourt of Appeals for the Ninth Circuit · 1930
- Vos v. Child, Hulswit & Co.Michigan Supreme Court · 1912
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