13 Iowa 253 | Iowa | 1862
That plaintiffs were not entitled to the possession of the goods at the time this action was commenced, and that, as a consequence, the verdict against them upon that issue is correct, we entertain no doubt. And this for the reason, that while they did not and do not controvert the right of defendant to a lien on the goods until his charges as warehouseman were paid, and his right to retain’their possession until such payment, the testimony is quite conclusive that such charges were not paid, and that’ there had been no demand until after the writ was issued. The petition was filed, the writ issued and placed in the hands of- the sheriff; and after the officer, with his writ, and the plaintiffs had got to defendant’s warehouse, the demand was made and charges paid. At the time the action was commenced, therefore, defendant was not in the wrong, and plaintiffs were not entitled to the possession of the property.
It is admitted that plaintiffs own the goods. The question in controversy, (aside from that above decided,) is, whether defendant had a right to retain their possession until the back charges were paid. There was no evidence that these had been paid by the plaintiffs. Nor does it appear, .that the amount found by the jury was any greater than what was due to the carriers, with whom the contract was made. The amount due the steamer was paid by the railroad company. The defendant paid no back charges. From the pleadings, evidence, and instructions, it seems that plaintiffs denied their liability to pay the steamer’s chargesthey insisting that they contracted with the rail
Affirmed.
Baldwin; - O. J., Raving been of counsel, took no part in the determination of this cause.