Gaar, Scott & Co. v. Nichols
Supreme Court of Iowa
Appeal from Union District Court. — Hon. W. II. Tedford, Judge. Action by plaintiff to recover damages for conversion by defendant in wrongfully levying upon and selling certain property of the plaintiff under an execution against one Petted. Trial to the court without a jury. Judgment for plaintiff against the sheriff and his bondsmen, who are joined with the sheriff in the action. Defendants appeal.
1Opinion of the CourtMcClain, J.
1 There was a written contract for the sale of the property in controversy, which was a steam traction engine, by plaintiff to Petted, in which it was stipulated that at the time of delivery Petted should execute notes for the purchase price, secured by mortgage on the property, and it was expressly provided that the title to the engine should not pass until settlement therefor was concluded and accepted by plaintiff. The engine was shipped to the agents of plaintiff, to be delivered to Petted in pursuance of the contract, but it appears that Petted was by said agents given possession of the…
2Cases cited4 opinions
- Jaffray & Co. v. ThompsonSupreme Court of Iowa · 1884
- Budlong v. CottrellSupreme Court of Iowa · 1884
- Moseley & Bro. v. ShattuckSupreme Court of Iowa · 1876
- Vogel & Bro. v. WadsworthSupreme Court of Iowa · 1878
3Cited by10 opinions
- In Re Estate of ColemanSupreme Court of Iowa · 1947
- Greenlease-Lied Motors v. SadlerSupreme Court of Iowa · 1933
- Maxwell Motor Sales Corp. v. Bankers Mortgage & Securities Co.Supreme Court of Iowa · 1923
- Chase v. City of WintersetSupreme Court of Iowa · 1927
- Dorn & McGinty v. CooperSupreme Court of Iowa · 1908
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