Brown v. Dubuque Altar Mfg. Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. J. W. Kintzinger, Judge. Action for tbe value of a steam engine boiler and accessories alleged to have been converted. The answer was in three divisions: A general denial, a counterclaim for rent or storage, and a plea that defendant was retaining possession because of having been garnisheed.
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Appeal from Dubuque District Court. — Hon. J. W. Kintzinger, Judge. Action for tbe value of a steam engine boiler and accessories alleged to have been converted. The answer was in three divisions: A general denial, a counterclaim for rent or storage, and a plea that defendant was retaining possession because of having been garnisheed. A demurrer to the last division was sustained, and, on the issues raised by the others, a verdict was returned for plaintiff and judgment entered thereon. The defendant appeals.
1Opinion of the CourtLadd, J.
In February, 1907, the plaintiff leased a building one year at a rental of $15 per month and installed an engine, boiler with accessories, and other machinery. The business engaged in did not prosper, and about the middle of October of that year, through mutual agreement, the lease was surrendered. As this affected the insurance hazard on defendant’s other property, it remitted past-due rent, and plaintiff was allowed to leave the engine, boiler, and accessories in the building, as he contends, until convenient to remove them, or, as claimed by defendant, until the lease would have expired in…
2Cases cited3 opinions
- Reizenstein v. MarquardtSupreme Court of Iowa · 1888
- Cutter v. FanningSupreme Court of Iowa · 1856
- Sutton v. Great Northern Railway Co.Supreme Court of Minnesota · 1906
3Cited by8 opinions
- United States v. FlemingDistrict Court, N.D. Iowa · 1946
- Jensma v. AllenSupreme Court of Iowa · 1957
- Halferty v. Hawkeye Dodge, Inc.Supreme Court of Iowa · 1968
- Hall v. Merchants State BankSupreme Court of Iowa · 1925
- Leonard v. SehmanSupreme Court of Iowa · 1928
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