96 Iowa 188 | Iowa | 1895
During tbe latter part of tbe year 1891 tbe defendant H. J. Gutman was doing business in Des Moines under tbe name of “Western Fur Manufacturing Company.” Both he and tbe company are named as parties defendant. In October, 1891, tbe plaintiff delivered to tbe defendants for keeping and sale a mink dolman, a mink cap, and a mink muff. About tbe middle of the next month tbe dolman disappeared' and neither that nor tbe other articles were produced on tbe demand of tbe plaintiff. This action was commenced to recover the value of all of tbe articles, but some time after it was commenced the cap and muff were surrendered to tbe plaintiff, and tbe dolman alone is now in controversy. Tbe plaintiff claims that tbe defendants agreed to keep tbe dolman and other articles safely until called for by him, or until sold, and that they were to receive ten per cent, of tbe amount of tbe sale, in case one were made, as compensation for keeping and selling tbe property. Tbe plaintiff claims further that, if the dolman was stolen, it was because of tbe negligence of the defendants. Tbe action was aided by an attachment, which, was issued on the grounds that tbe defendants bad disposed of their property in part, with intent to defraud their creditors, and that they bad property which they concealed. The writ of attachment was levied upon personal property constituting a part or all of tbe stock in trade of tbe defendants, and a bank was garnished by virtue of it. Tbe defendants claim that tbe furs were left with them to be kept without reward, but. that, in case a sale was made, they were to receive compensation for it; that tbe plaintiff insisted upon their placing the dolman in their show
matters thus shown by the bill of exceptions until the service of the amendment to the additional