Hoyer v. Graham & Schenck
Supreme Court of Iowa
Appeal from Fayetie District Court.- — TIon. A. N. Hobson, Judge. Action at law for damages for the alleged appropriation of funds upon which the plaintiff had a lien. There was a trial to the court without a jury. Judgment for the defendants for costs. Plaintiff appeals.
1DissentDeemer, J.
(dissenting). — I agree to the decision in so far as it releases the clerk; but can not .consent to the finding ’as to the other defendants, who as junior lien-holders took and appropriated a fund upon which plaintiff had a prior lien. That' an action of conversion or for money had and received will lie in such a case I have no doubt. See, as supporting this view, Garner v. Cutting, *6932 Iowa, 552; Church v. Bloom; 111 Iowa, 320; Wallin v. Murphy Co., 117 Iowa, 640; Holden v. Cox, 60 Iowa, 449; Blake v. Counselman & Co., 95 Iowa, 219, and many cases from other jurisdictions cited and referred to…
2Cases cited5 opinions
- Holden v. CoxSupreme Court of Iowa · 1883
- Garner v. CuttingSupreme Court of Iowa · 1871
- Blake v. CounselmanSupreme Court of Iowa · 1895
- Church v. BloomSupreme Court of Iowa · 1900
- Wallin v. W. T. Murphy & Co.Supreme Court of Iowa · 1902