Eclipse Wind Mill Co. v. Thorson
Supreme Court of Iowa
Appeal from Wwmeshielc Oweuit Oovurt. Action to recóver the balance due upon the sale of a wind mill. The mill was sold to the defendant by the firm of Black-man1 & Son, who were agents of the plaintiff. Afterwards the defendant was garnished upon an execution against Blackmarr & Son.
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Appeal from Wwmeshielc Oweuit Oovurt. Action to recóver the balance due upon the sale of a wind mill. The mill was sold to the defendant by the firm of Black-man1 & Son, who were agents of the plaintiff. Afterwards the defendant was garnished upon an execution against Blackmarr & Son. The defendant being ignorant of the agency, as he alleges, and supposing that he was indebted for the mill to Blackmarr & Son, answered as garnishee that he was so indebted, and judgment was rendered against him upon his answer. He now pleads those facts by way of defense. Trial by jury. Judgment for defendant.…
1Opinion of the CourtAdams, J.
i principal undisclosed paymentto agent. I. The,plaintiff asked the court to give an instruction in the following words: “ It is not essential to the plaintiff’s right of recovery that the defendant actually had knowledge of the plaintiff’s title to Property. It is sufficient if it be shown that the defendant had before garnishment the means of informing himself in regard to the same, and if you find from the evidence that the defendant had such means and neglected to use the same, then the defendant would be liable to the plaintiff in this action.” This instruction the court refused to give,…
2Cited by5 opinions
- Eldridge v. FinnegarSupreme Court of Oklahoma · 1909
- Cable Co. v. MillerSupreme Court of Iowa · 1913
- Tripp & Moore Boot & Shoe Co. v. MartinSupreme Court of Kansas · 1891
- Connally v. McConnellSuperior Court of Delaware · 1897
- Shine v. KennealyAppellate Court of Illinois · 1902