142 Iowa 567 | Iowa | 1909
The material allegations of the petition are as follows:
Par. 1. That on or about the month of November, 1903, she was the wife of one George W. Dickinson, and with whom she then resided in Buchanan County, Iowa.
Par. 2. That on said date she and her said husband, George W. Dickinson, had disagreed, and her said husband was seeking a separation and a divorce from this plaintiff, and was desirous of adjusting all property matters and alimony between this plaintiff and her said husband out of court, and the said George W. Dickinson, with the intention of adjusting all such matters, sent the defendant herein, Martin V. Stevenson, to this plaintiff and instructed him, the said Martin V. Stevenson, to inform the plaintiff that he would give her $5,000 in cash in addition to some other property already given in full of all such claims, and the said Martin Stevenson came to plaintiff and informed her that her said husband had refused to give her a single dollar, but that he, the said George W. Dickinson, -was a friend to this defendant herein, and that he could procure*569 for her by his influence with her said husband the possible sum of $2,500. And the said Martin V. Stevenson returned to the said George W.- Dickinson with the statement that this plaintiff would not accept anything less than $10,000, and by such false statement caused this plaintiff great trouble and anxiety in said matter, when she was willing to accept the $5,000 her husband had offered through this defendant.
Par. 3. That immediatély afterwards this defendant came to plaintiff and represented to her that said George W. Dickinson would pay the sum of $5,000 in settlement of such matter, but only on condition that the defendant, Stevenson, should be permitted to receive $2,500 thereof, and that said George W. Dickinson was unwilling to pay to the plaintiff for her use in such settlement any sum in excess of $2,500, and, unless she would allow defendant one-half such money as he might obtain for her, that she would not receive $1, and made threats at the time that unless this matter was fixed somebody would be killed. Whereupon this defendant proceeded to the said George W. Dickinson, who gave him $5,000 to deliver to this plaintiff and instructed him to deliver it, being at all times willing to do so, and this defendant by false pretenses and representations aforesaid, as well as statements to this plaintiff that unless she accepted his proposition, and allowed him to keep one-half the money, which he then had in his possession, that there would be some one killed, and he thereby induced plaintiff under such circumstances and false representations to allow him to keep one-half of said $5,000, to wit, $2,500.
Par. 4. That said sum of '$2,500 was obtained from this plaintiff at the time by the defendant by the false representations aforesaid,- and this plaintiff was induced to part with said money and allow him to retain possession of it, relying upon the statements which were false and known to be false by the defendant.
The motion to transfer was based upon the grounds: (a) That plaintiff had a plain, speedy and adequate remedy at law; and (b) that the petition does not state any such facts as to give a court of equity jurisdiction.
For the errors pointed out, the judgment must be reversed and the cause remanded for a retrial on the equity side of the docket. — Reversed and remanded.