Dee v. Sears-Nattinger Automobile Co.
Supreme Court of Iowa
Appeal from. Polls District Gourt. — Hon. Jesse A. Miller, Judge. Action to recover possession of au automobile, claimed by plaintiff as owner and alleged to be in the possession of the defendant as bailee.
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Appeal from. Polls District Gourt. — Hon. Jesse A. Miller, Judge. Action to recover possession of au automobile, claimed by plaintiff as owner and alleged to be in the possession of the defendant as bailee. The defendant alleged that the ownership of the machine was jointly in plaintiff and the two interveners, under a written agreement that it should be held for them, and only delivered on a written order signed by all three of them, and that no such order had been presented to defendant by the plaintiff. At the conclusion of the evidence. offered for plaintiff the court directed a verdict…
1Opinion of the Court
McClain, J. —
There is testimony in the record tending to show that the automobile in question was put up by the owner, one Van Werden, at a raffle; that plaintiff was the holder of tickets in this raffle; that at the conclusion of the drawing Van Werden gave to plaintiff an order on defendant in whose possession the machine had been dur*612ing the time the tickets were being sold and the raffle conducted, advising defendant as follows: “Mr. Dee has drawn the automobile, so you can deliver it to him as I telephoned you;” that plaintiff presented this order to defendant, and asked that defendant…
2Cases cited4 opinions
- Thrift v. RedmanSupreme Court of Iowa · 1862
- Trenery v. GoudieSupreme Court of Iowa · 1898
- Okerson v. CrittendenSupreme Court of Iowa · 1883
- Himmelman v. PecautSupreme Court of Iowa · 1907
3Cited by3 opinions
- Kushner v. AbbottSupreme Court of Iowa · 1912
- Koepke v. PeperSupreme Court of Iowa · 1912
- Gunn v. WilliamsAppellate Court of Illinois · 1927