Inman v. Ball
Supreme Court of Iowa
Appeal from, JJnion Circuit Cou/rt. The plaintiff claims $2,000 of the ciefendants as damages for unlawfully, willfully and maliciously taking from ’ her private dwelling certain household goods, and converting the same to their own use.
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Appeal from, JJnion Circuit Cou/rt. The plaintiff claims $2,000 of the ciefendants as damages for unlawfully, willfully and maliciously taking from ’ her private dwelling certain household goods, and converting the same to their own use. Defendant, John M. Ball, in his answer to the petition, claimed that the plaintiff executed a chattel mortgage upon said property to him, to secure the payment of part of the purchase price of the goods, and that he afterwards assigned said mortgage to his co-defendant, Harrison, who forclosed the morgage by putting the same in the hands of the defendant…
1Opinion of the CourtRothrock, J.
I. The court instructed the jury that the plaintiff could not recover unless she established by a preponderance of the evidence that the defendants took goods which were not included in the mortgage. This instruction is in full accord with the evidence, and it is not claimed that any recovery can be had for taking the mortgaged property. The plaintiff claimed damages for the willful and malicious seizure and conversion of her goods. The goods in question consisted of the furniture, bedsteads, bedding, etc., which had been used in a hotel. The plaintiff purchased part of this property from…
2Cited by24 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- French v. DeaneSupreme Court of Colorado · 1894
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Martin v. CambasOregon Supreme Court · 1930
- Montgomery Properties Corp. v. Economy Forms Corp.Supreme Court of Iowa · 1981
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