143 Iowa 635 | Iowa | 1908
At the time of the transaction in con
Moreover, the circumstances as a whole quite strongly corroborate the plaintiff’s- theory in this respect. Thereupon Dealtry returned to Sioux City, and by wire notified Wood Bros, of the shipment by Dittmer, and asked or directed them to withhold the proceeds of the sale for the payment of the two notes above mentioned, and at the same time he forwarded said notes to the Chicago firm by mail. This was the first time the notes had ever been out of the possession of the Sioux City house, though Dealtry claims that the original loan was made for and on account of Wood Bros., and that the notes were indorsed by Wood Bros. & Co. at or about the time they were given. The cattle reached Chicago Monday morning, May 2, 1904, and were sold the same day by Wood Bros, for the sum of $1,068.85. The draft made against this shipment was on the same day presented to said consignees, who refused payment. On the same day Wood Bros, wrote to Dittmer, acknowledging receipt of the shipment and of the letter notifying them of the draft given to the plaintiff, but saying: “We find that our house in Sioux City holds your paper for $923.22 and interest, all past due, and they wire us to hold this money to meet these notes, which we presume will be satisfactory to you. If so, we will send you the canceled notes and the balance of the money.” This outline omits many minor details, all having some bearing on the claims of the respective parties, but we have related sufficient to indicate the general nature and trend of the controversy.
The issues thus joined were tried to a jury resulting in a verdict and judgment for plaintiff, and the defend
Counsel have argued several other questions, but they are so closely related to or dependant upon those already disposed of that we shall not prolong this opinion for their discussion. It may also be added that the material fact questions involved in the controversy were fairly submitted to the jury, and the findings thereon are conclusive upon this court. The instructions given by the trial court upon the law of the case accord with the views we have expressed, and the record as a whole presents no reversible error.
The judgment appealed from is therefore affirmed.
Supplemental Opinion.
One-fourth of the costs of this court are to be taxed to the appellee.