Moseley & Bro. v. Shattuck
Supreme Court of Iowa
Afgeal from Allamakee Circuit Court. The plaintiffs allege that they are the owners and entitled to the immedite possession of a certain organ, and they claim of defendant the sum of $150 for the alleged conversion thereof.
Read the full summary
Afgeal from Allamakee Circuit Court. The plaintiffs allege that they are the owners and entitled to the immedite possession of a certain organ, and they claim of defendant the sum of $150 for the alleged conversion thereof. The defendant answers as follows: “1. Comes now the defendant, and for his amended and substituted answer to plaintiff’s petition herein admits that plaintiffs were the owners of said organ in plaintiff’s petition described, to-wit: on the 7th day of March, 1872; but avers that plaintiffs at said date placed th.e same in possession of. one D. O. Beck-with, and clothed the…
1Opinion of the CourtDay, J.
i. vendor and sessfon'o?os property. I. The demurrer to the defendant’s answer was properly sustained. The only issuable fact which it avers is, that plaintiff placed the organ in possession of Beckwith,-and thus clothed him with the apparent ownership. But every one does this who lends an article to another; for possession of personal property is prima facie evidence of ownership. Yet the lender may always reclaim his property if the borrower should dispose of it by sale. It is true the answer further alleges that plaintiff carelessly, designedly and fraudulently allowed the organ to remain…
2Cases cited4 opinions
- Bailey v. HarrisSupreme Court of Iowa · 1859
- Robinson v. ChaplineSupreme Court of Iowa · 1859
- Baker v. HallSupreme Court of Iowa · 1863
- Knoulton v. RedenbaughSupreme Court of Iowa · 1874
3Cited by9 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- International Harvester Co. of America v. PoduskaSupreme Court of Iowa · 1930
- F. P. Gluck Co. v. ThermeSupreme Court of Iowa · 1912
- Gaar, Scott & Co. v. NicholsSupreme Court of Iowa · 1901
- Union Bank & Trust Co. of Stanwood v. WilleySupreme Court of Iowa · 1946
4 more not listed; retrieve them via the Exa API.