Crowell v. McGoon
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. L. E. Fellows, Judge. Action at law to recover damages of defendant for failure to take and pay for certain corn sold him by the plaintiff. The action was aided by an attachment. Defendant, in answer, claimed that he had purchased three thousand bushels of corn of plaintiff, which he (plaintiff) refused to deliver.
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Appeal from Fayette District Court. — Hon. L. E. Fellows, Judge. Action at law to recover damages of defendant for failure to take and pay for certain corn sold him by the plaintiff. The action was aided by an attachment. Defendant, in answer, claimed that he had purchased three thousand bushels of corn of plaintiff, which he (plaintiff) refused to deliver. He also pleaded a counterclaim for the wrongful suing out of the attachment; and asked damages for breach of contract and the wrongful suing out of the writ. The case was tried to a jury, resulting in a verdict and judgment for plaintiff,…
1Opinion of the Court
Deemer, O. J.
1 After the attachment was levied, the plaintiff filed a motion, under section 4237 of McClain’s Code, stating that the property levied upon, which was one thousand two hundred bushels of corn, was subject to decay and waste, and was likely to depreciate in value; and asking that the same be sold by the sheriff, and the proceeds held to await the determination of the suit. Defendant resisted this motion, and, after considering the affidavits filed, the court overruled it. In its instructions, the court charged that, as defendant resisted the motion to sell, he was not entitled to…
2Cases cited2 opinions
- State v. LarsonSupreme Court of Iowa · 1892
- Mayne v. Council Bluffs Savings BankSupreme Court of Iowa · 1890
3Cited by2 opinions
- Main v. EllsworthSupreme Court of Iowa · 1946
- Jorgensen v. CocklinSupreme Court of Iowa · 1935