Anheuser-Busch Brewing Ass'n v. Fullerton
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. Charles II. Phelps, Judge. This is an action of replevin for one hundred and thirty-three hogs of beer. There was a trial by jury. At the close of the introduction of the evidence the defendant made a motion that the jury be instructed to return a verdiet for the defendant. This motion was overruled, and a motion of the plaintiff to instruct the jury to return a verdict for the plaintiff was sustained. The defendant appeals.
1Opinion of the CourtRothrock, J.
This ease presents precisely the same questions which were determined by this court in the case of Lemp v. Fullerton, ante, p. 192. We need not set out the facts nor reasoning upon which that opinion is based. Following that case the judgment of the district court will be reversed, and the caúse remanded, with directions to enter judgment for the defendant for the value of the beer as shown by the petition, which is three hundred and seventy dollars. Reversed.
2Cited by1 opinion
- P. Schoenhofen Brewing Co. v. ArmstrongSupreme Court of Iowa · 1894