Koster v. Seney
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. B. P. Birds all, Judge. Action at law to recover damages for alleged breaches of warranty in the sale of personal property, and to recover actual and exemplary damages for the wrongful conversion of personal property, There was a trial by jury, and a verdict and judgment for the plaintiffs. The defendant appeals.
1DissentRobinson, J.
(dissenting).- — I cannot agree to the interpretation of the mortgage in controversy, adopted in the opinion of the majority. It is not claimed that the mortgage was obtained by fraud, nor that it does not correctly represent the contract of the parties. Therefore its terms should be controlling. The opinion of the majority holds, correctly, as I think, that the stipulation in regard to the foreclosure of the mortgage “gave to the mortgagee the right to take actual possession of the mortgaged property at any time he elected to do so, whether the debt it was designed to secure was due or not,”…
2Cases cited7 opinions
- German Insurance v. EddyNebraska Supreme Court · 1893
- Scott v. City of DavenportSupreme Court of Iowa · 1872
- Bank of Carroll v. TaylorSupreme Court of Iowa · 1885
- Richardson v. CoffmanSupreme Court of Iowa · 1893
- Robinson v. GraySupreme Court of Iowa · 1894
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