Gittings v. Carter

Supreme Court of Iowa

Gittings v. Carter

49 Iowa 338

DecidedOctober 24, 1878

StatusPublished

This text of 49 Iowa 338 (Gittings v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gittings v. Carter, 49 Iowa 338 (iowa 1878).

Pincite

Opinion

Adams, J.

The note is not void on its face. It is apparently valid, and so far as the record shows is still outstanding, and in the hands of the plaintiff. Possibly recovery may yet be had upon it. We think that the defendant was entitled to hold the horse; at least until he was discharged by an adjudication upon the note, or until the note was surrendered. [339]*339Whether after that an action of replevin could be maintained for the horse we need not determine.

REVERSED.

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Adams, J.

The note is not void on its face. It is apparently valid, and so far as the record shows is still outstanding, and in the hands of the plaintiff. Possibly recovery may yet be had upon it. We think that the defendant was entitled to hold the horse; at least until he was discharged by an adjudication upon the note, or until the note was surrendered. [339]*339Whether after that an action of replevin could be maintained for the horse we need not determine.

REVERSED.

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Bluebook (online)

49 Iowa 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gittings-v-carter-iowa-1878.