Small v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Jasper Circuit Court. This is an action to recover tbe value of a grain elevator, and certain grain and other property which it is alleged were destroyed by fire, set out by defendant in operating its railroad.
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Appeal from Jasper Circuit Court. This is an action to recover tbe value of a grain elevator, and certain grain and other property which it is alleged were destroyed by fire, set out by defendant in operating its railroad. Two causes of action are set out in the petition — one of said causes being for the destruction of the elevator and one Fairbanks’ scale, which it is alleged were the property of the Fanner’s Union Elevator Company, and that said company after the said property was destroyed by fire assigned its claim for damages to the plaintiff. The other cause of action is for the loss…
1Opinion of the CourtRothrook, J.
coSFcf-1wifo may plead, I. In the seventh division of the answer the defendant pleaded as a defense that before the commencement of the suit it was agreed, between the plaintiff and his attorneys, that said attorneys should carry on the suit at their own costs and expense, and that they should receive for their services and said costs and expenses about one-sixth of the amount of the recovery, if the litigation should prove successful, and if they should fail in the action, they should receive nothing. It was averred that said agreement and contract was against public policy, champertous and…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Galusha v. WendtSupreme Court of Iowa · 1901
- Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
- Railway Co. v. SmithSupreme Court of Arkansas · 1895
22 more not listed; retrieve them via the Exa API.