Donisthorpe v. Lutz
Supreme Court of Iowa
Appeal from Gedar Rapids Superior Oourt. — Hon. C. B. Robbins, Judge. Action for damages brought in the Superior Court of Cedar Rapids against the defendants jointly. It is averred that they did willfully, and with intent to extort, present to his employer railway company a wage assignment order, and did' thereby cause plaintiff to be discharged from the service.
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Appeal from Gedar Rapids Superior Oourt. — Hon. C. B. Robbins, Judge. Action for damages brought in the Superior Court of Cedar Rapids against the defendants jointly. It is averred that they did willfully, and with intent to extort, present to his employer railway company a wage assignment order, and did' thereby cause plaintiff to be discharged from the service. The defendants were both nonresidents of Linn county; Lutz being a nonresident of the state, and Bothell being a resident of Johnson county. Certain motions for change of venue were filed and thereafter overruled. Judgment was…
1Opinion of the CourtEvans, J.
I. The petition alleged that the defendants had an office and agency in Cedar Rapids for the loaning of money; that the same was conducted by one Frank Flummel in their behalf; that the plaintiff borrowed $34 from such agency and executed his note therefor, together with an assignment of his wages; that he thereafter paid and overpaid such loan to the defendants through such agency; that, notwithstanding such payment, the defendant willfully and maliciously, and with intent to extort, presented such assignment of wages to the plaintiff’s employer, the Chicago, Rock Island & Pacific Railway…
2Cases cited4 opinions
- Locke v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Wiar v. Wabash RailroadSupreme Court of Iowa · 1911
- Iowa Loan Co. v. WilsonSupreme Court of Iowa · 1910
- Woodring v. RooneySupreme Court of Iowa · 1903
3Cited by2 opinions
- Connolly v. SalsberryNevada Supreme Court · 1919
- Nickell v. District Court of Clarke CountySupreme Court of Iowa · 1926