Sadler v. Bean
Supreme Court of Iowa
excessive damages: attachment. Facts considered which justify reversal where excessive damages were allowed for the wrongful sueing out of an attachment. Appeal from Page District Court. Action upon an attachment bond for the alleged wrongful and malicious sueing out of an attachment. Jury trial; verdict for $750. Motion for new trial overruled. Judgment upon the verdict. Defendant appeals.
1Opinion of the CourtDay, J.
— Prior to the sueing cut of the attachment, plaintiff and defendant had been partners in a drug store, defendant having in said business a capital stock of $1000 and plaintiff $200, and putting in also his earnings as a physician. This partnership was dissolved by mutual consent, Sadler selling out to Bean. Bean was to take the assets of the firm, and assume its debts, draw out his $1000 capital and enough to equalize their individual accounts, and if anything remained it was to be equally divided.. After they had invoiced one day, Bean sued out an attachment against Sadler, and caused the…
2Cases cited4 opinions
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Plumb v. WoodmanseeSupreme Court of Iowa · 1871
- Lester v. SallackSupreme Court of Iowa · 1871
- Huntingdon v. HoweSupreme Court of Iowa · 1864
3Cited by10 opinions
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Cain v. OslerSupreme Court of Iowa · 1914
- Gonzales v. DeFuniak Havana Tobacco Co.Supreme Court of Florida · 1899
- Kirtley v. Bankers Life & Casualty Co.District Court, S.D. Iowa · 1961
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