Reizenstein v. Marquardt
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. H. S. Fairall, Judge. The plaintiff brought this action to recover the value of a gold watch, of which he claimed to be the owner, and which he alleged the defendant converted to his own use. A motion for a more specific statement of the cause of action was filed, whereupon plaintiff filed an amendment to the petition.
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Appeal from Johnson District Court. — Hon. H. S. Fairall, Judge. The plaintiff brought this action to recover the value of a gold watch, of which he claimed to be the owner, and which he alleged the defendant converted to his own use. A motion for a more specific statement of the cause of action was filed, whereupon plaintiff filed an amendment to the petition. A demurrer to the petition, as amended, was filed, and, pending the decision of the demurrer, the plaintiff again, by leave of the court, amended his petition. The defendant again demurred to the petition as amended. The demurrer was…
1Opinion of the CourtRothrock, J.
— As the cause was determined upon a demurrer, it is necessary to set out the material facts as they appear in the petition, .and the amendments thereto. They are in substance as follows: By the original petition and the first amendment it was averred that in *295the year 1877 the plaintiff delivered the watch in question to the defendant for repair and safe-keeping; and that he demanded the same of the defendant about March, 1887; and that defen dant gave an évasive answer to the demand ; and that a formal demand was after-wards made, and defendant failed and refused to deliver the watch. By the…
2Cases cited6 opinions
- Jameson v. JamesonSupreme Court of Missouri · 1880
- Gebhard v. SattlerSupreme Court of Iowa · 1874
- Thrall v. Estate of MeadSupreme Court of Vermont · 1868
- Ball v. Keokuk & Northwestern R'y Co.Supreme Court of Iowa · 1883
- Peters v. JonesSupreme Court of Iowa · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Herbst v. TreinenSupreme Court of Iowa · 1958
- Gregg v. Middle States Utilities Co.Supreme Court of Iowa · 1940
- Whitehurst v. DuffySupreme Court of Virginia · 1943
- Bristow v. LangeSupreme Court of Iowa · 1936
18 more not listed; retrieve them via the Exa API.