Legal Opinion

Freeman v. Strobehn

Supreme Court of Iowa

Decided January 14, 1904PublishedCited by 6 opinions

Appeal from Grundy District Court. — Hon. A. S. Blair, Judge. Action under Code, section 4822, to recover three times the value of a certain check for $400 and. a certain contract to convey real estate for the consideration of $15,400, which it is alleged were the property of plaintiff and were willfully and maliciously destroyed by defendant. The court directed a verdict for plaintiff for $1 as damages,-and the plaintiff appeals.

1Opinion of the CourtMcClain, J.

The facts, as to which there is no substantial controversy in the record, are that plaintiff and *158defendant entered into a written contract for the conveyance of a certain tract of land by plaintiff to defendant for the consideration of $15,400, of which the amount of $400 was to be paid in cash on the execution of the contract, and the balance in secured notes on the delivery of the deed and abstract showing good title. In connection with the execution of this contract the defendant drew a check for $400 in favor of plaintiff, which he delivered to plaintiff, or to plaintiff’s agents in his…

2Cases cited5 opinions

  1. Downey v. RiggsSupreme Court of Iowa · 1897
  2. Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
  3. O'Donoghue v. CorbySupreme Court of Missouri · 1856
  4. Stearns v. HoughtonSupreme Court of Vermont · 1866
  5. Boyer v. FennCity of New York Municipal Court · 1896

3Cited by6 opinions

  1. Leonard v. SehmanSupreme Court of Iowa · 1928
  2. Gripp v. CrittendenSupreme Court of Iowa · 1937
  3. Mulenix v. Fairfield National BankSupreme Court of Iowa · 1926
  4. Botna Valley State Bank v. GreigSupreme Court of Iowa · 1920
  5. State Savings Bank of Missouri Valley v. BehmSupreme Court of Iowa · 1926

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