Dickerman v. Lord
Supreme Court of Iowa
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,…
Read the full summary
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
- Weaver v. StacySupreme Court of Iowa · 1895
- St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
- C. & J. Michel Brewing Co. v. StateSouth Dakota Supreme Court · 1905
- Lyman v. LauderbaughSupreme Court of Iowa · 1888
- Pure Oil Co. v. TuckerCourt of Appeals for the Eighth Circuit · 1947
9 more not listed; retrieve them via the Exa API.