Todd v. Branner
Supreme Court of Iowa
Appeal from Lucas Circuit Court. The plaintiff brought his action to recover of the defendant $600, for an alleged wrongful conversion of three pieces of valuable silverware, the property of the plaintiff.
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Appeal from Lucas Circuit Court. The plaintiff brought his action to recover of the defendant $600, for an alleged wrongful conversion of three pieces of valuable silverware, the property of the plaintiff. The defendant answered, denying the averments of the petition, and averred that he purchased the silverware from the plaintiff, and was to pay for the same in property, viz., a cow and town lots, to be selected by the plaintiff; that plaintiff failed and refused to make such selections, and that the defendant has always been ready and willing on his part to pay for said ware according to…
1Opinion of the CourtMiller, J.
l. new trial : idence!11118 ev’ I. The first error assigned is, that “ the court erred in overruling the'defendant’s motions to set aside the general and special verdicts” of the jury. These motions specify quite a number of grounds, *432tlie principal one urged being that the verdict is not sustained by sufficient evidence. The evidence in the case was conflicting, the witnesses for the plaintiff testifying to facts which, if true, clearly entitled the plaintiff to recover. On the other hand, some of the witnesses for the defendant testify to facts entitling him to a verdict.
On the evidence, as…
2Cases cited3 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1863
- State v. HockenberrySupreme Court of Iowa · 1860
- Hawes v. TwogoodSupreme Court of Iowa · 1862
3Cited by2 opinions
- Caulfield v. BogleSupreme Court Of The Territory Of Dakota · 1881
- State of Iowa v. Eddie VirgilCourt of Appeals of Iowa · 2016