Legal Opinion

Dickerman v. Lord

Supreme Court of Iowa

Decided December 6, 1866PublishedCited by 14 opinions

Appeal from Wi/nncsMeh District Court. Payment under protest : when money thus paid may be recovered back.' — -The petition seeks to recover $180, “ which ” (it is alleged) “ the defendants wrongfully and oppressively had and received of plaintiff on the 12th day of May, 1865.” It is also alleged “ that defendants falsely and fraudulently represented that plaintiff was indebted to them in that sum, well knowing that plaintiff owed them nothing; that defendants, in Chicago,…

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Appeal from Wi/nncsMeh District Court. Payment under protest : when money thus paid may be recovered back.' — -The petition seeks to recover $180, “ which ” (it is alleged) “ the defendants wrongfully and oppressively had and received of plaintiff on the 12th day of May, 1865.” It is also alleged “ that defendants falsely and fraudulently represented that plaintiff was indebted to them in that sum, well knowing that plaintiff owed them nothing; that defendants, in Chicago, May 12, 1865, by necessity and by wrongful attachment of plaintiff’s money then in Chicago, and where this plaintiff…

1Opinion of the CourtDillon, J.

1ment" SSSSt: ment. -After stating the nature of the action, the court instructed the jury that “ the first question for them determine is, was the plaintiff indebted to defendants in the sum of $174.91, at the time defendants brought their attachment suit against plaintiff, as alleged % ” The court, after alluding to the circumstances proper for the jury to consider in deciding this question, adds: “ Weighing all- the testimony and circumstances carefully, you will determine whether plaintiff had paid his account, in full, to the defendants before the commencement of the said attachment…

2Cited by14 opinions

  1. Weaver v. StacySupreme Court of Iowa · 1895
  2. St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
  3. C. & J. Michel Brewing Co. v. StateSouth Dakota Supreme Court · 1905
  4. Lyman v. LauderbaughSupreme Court of Iowa · 1888
  5. Pure Oil Co. v. TuckerCourt of Appeals for the Eighth Circuit · 1947

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