Chicago & S. W. R. R. Co. v. Northwestern Union Packet Co.
Supreme Court of Iowa
Appeal from Muscatine District Oourt. This is an action of replevin to recover possession of 329 bars of railroad iron, alleged in the petition to be of the value of $3,600. The petition shows an offer in writing made- by plaintiff to pay the. sum of $400.32 justly due defendant, after deducting certain claims for damages, for the transportation of the iron replevied, and'other railroad iron, from St. Louis to Muscatine. , The answer alleges that, in April, 1871, the.…
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Appeal from Muscatine District Oourt. This is an action of replevin to recover possession of 329 bars of railroad iron, alleged in the petition to be of the value of $3,600. The petition shows an offer in writing made- by plaintiff to pay the. sum of $400.32 justly due defendant, after deducting certain claims for damages, for the transportation of the iron replevied, and'other railroad iron, from St. Louis to Muscatine. , The answer alleges that, in April, 1871, the. defendant • received at St. Louis, 1,000 bars of railroad iron, to be transported to Muscatine, and delivered to the Chicago,…
1Opinion of the CourtBeck, J.
— The principal points made by the assignment of errors are based upon instructions given, and refused by the court. These will be first considered.
- I. An offer in writing made by plaintiffs to defendant’s .agent, to pay defendant $400.32 was shown.
-i. tendee : • amount?110 The plaintiff requested the court to charge in effect, that if defendant refused to receive the sum tendered it was its duty at the time, “ to make any objection which it might have to the money and also to specify the amount of money required. If no such objections were made, and the ■ amount demanded was not specified,…
2Cited by4 opinions
- Watson v. ChapmanSupreme Court of Iowa · 1952
- McWhirter v. CrawfordSupreme Court of Iowa · 1897
- Fergusson v. ComfortMissouri Court of Appeals · 1916
- Bartle v. PlaneSupreme Court of Iowa · 1885