Universal CIT Credit Corporation v. Jones

227 N.W.2d 473, 1975 Iowa Sup. LEXIS 961
CourtSupreme Court of Iowa
DecidedMarch 19, 1975
Docket2-56554
StatusPublished
Cited by12 cases

This text of 227 N.W.2d 473 (Universal CIT Credit Corporation v. Jones) 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
Universal CIT Credit Corporation v. Jones, 227 N.W.2d 473, 1975 Iowa Sup. LEXIS 961 (iowa 1975).

Opinions

LeGRAND, Justice.

This appeal seeks to settle the competing rights of plaintiff and defendant, Ronald Lee Jones, to a 1969 Rambler automobile owned by defendant and claimed by plaintiff because of defendant’s alleged default in payments under a security instrument. Although named as a defendant, George C. Jones, Jr., has no interest in this controversy and is not a party to this appeal.

This case was tried and decided under our replevin law as it existed prior to Thorp Credit, Inc. v. Barr, 200 N.W.2d 535 (Iowa 1972). It is reviewed on this appeal the same way. The constitutional questions decided in that opinion are not now before us.

The trial court found plaintiff had wrongfully detained the vehicle and dismissed its petition. The trial court also entered judgment for defendant in the amount of $1700, the value of the car determined as of October 20, 1970, the date the court found it had been wrongfully converted.

Plaintiff does not appeal, but defendant seeks a new trial on these two grounds: (1) Denial of his demand for a jury trial; and (2) refusal of the trial court to accord him an election under § 643.19, The Code, of taking a money judgment for the value of the car as of January 30, 1973, (instead of October 20,1970) or a return of the automobile with damages, in either event, for wrongful detention and loss of use.

We find against defendant on the first issue and for him on the second. We therefore affirm in part, reverse in part, and remand the case to the trial court for further proceedings according to instructions hereafter set out.

I. Defendant’s claim that he was entitled to a jury trial demands some explanatory statement of the facts.

Plaintiff filed its petition on September 8, 1970, and defendant filed his answer on September 28, 1970. More than a year later, defendant filed an amendment to his answer, setting up for the first time a claim for damages for loss of use during the time his vehicle was wrongfully detained. This amendment was properly allowed by the court. See § 643.16, The Code; cf. Barry v. State Surety Company, 261 Iowa 222, 229, 154 N.W.2d 97, 100, 101 (1967).

At the same time, defendant filed this jury demand:

“Comes now the law firm of Irish & Skinner, and on behalf of the above-named [defendant] * * * demands a trial by jury on all the issues in the above-captioned matter.”

Denial of this jury request is assigned as error. Until the amendment to answer, there had been no request for jury trial by either party. The right to a jury trial under the pleadings as they then stood was therefore waived. See Rule 177, Rules of Civil Procedure.

The amendment raised a new issue — the question of damages for loss of use during the period of alleged wrongful detention. Rule 177(b), R.C.P., provides a jury trial may be had by written demand within 10 days after “the last pleading directed to that issue.” An amendment is a pleading. See Rule 68, R.C.P. See also Egan v. Egan, 212 N.W.2d 461, 464 (Iowa 1973) and Hampton v. Burrell, 236 Iowa 79, 87, 17 N.W.2d 110, 115 (1945).

Under these authorities defendant was entitled to a jury trial on the issue of damages for wrongful detention but not on the main issue concerning right to possession of the car. His request was for a jury trial on all issues. The record does not reflect any indication by defendant to the trial court that he was asking a limited jury trial under Rule 177(c). We assume the trial court considered the request for what it was — a demand for a complete trial by jury-

[476]*476 Under this record we cannot say the trial court was wrong. It is possible, although he now argues otherwise, defendant did not want a partial jury trial. When a general jury demand is made, a court should not have to sort out the various issues to see which are triable to a jury and which are not. It is justified in ruling on the request as made.

Defendant further claims he is entitled to a jury trial under the discretionary provisions of the rule. See Rule 177(d). No motion for such relief was made and there is nothing before us to review on that issue. See Egan v. Egan, supra, 212 N.W.2d at 464.

We affirm the trial court’s denial of defendant’s demand for jury trial.

II. The remaining issue concerns defendant’s claim for damages. We recite the facts upon which this determination depends.

Plaintiff’s petition was filed on September 8, 1970. On the same day, defendant’s car was taken under a writ of replevin issued at plaintiff’s request. Defendant filed his answer on September 28, 1970. Thirteen months later, on January 26, 1972, defendant amended his answer with leave of court to ask for $7000 for wrongful detention. The amendment virtually conceded plaintiff’s right to take the car on September 8, 1970, but alleged defendant had made good any existing default and was then entitled to possession of his automobile. The amendment stated plaintiff nevertheless refused to release the vehicle and that defendant should have damages for such wrongful detention.

A second amendment was filed with leave of court on the day of trial (January 30, 1973) by which defendant asked in the alternative for “judgment in the amount of $2400, said sum representing the reasonable value of the [1969 Rambler automobile] as of the 30th day of January, 1973, when the said plaintiff unlawfully and wrongfully converted said personal property to its own use and possession or in the alternative, [prays that] this court order and grant permanent and immediate right of possession of said [automobile] to Ronald Lee Jones together with [damages in the amount of $8500 for plaintiff’s wrongful and illegal interference with defendant’s use and possession thereof.]”

At the conclusion of the trial, the court entered judgment awarding defendant $1700, the reasonable value of the car as of October 20, 1970, the date upon which the trial court found defendant was entitled to the return of his automobile. Although the record is not clear on this point, this was apparently the date upon which defendant paid the defaulted contract installments.

Defendant finds considerable fault with this award of damages. He says, first, he was entitled to elect under § 643.19, The Code, to take either a money judgment for the value of the car or its return. Next, he asserts the trial court should have valued the car as of January 30, 1973, rather than October 20, 1970, because the former is the date upon which the conversion occurred. As part of this complaint defendant insists the undisputed evidence shows the value of the car to be $2400, rather than the $1700 allowed by the court. Finally, defendant says he should have damages for wrongful detention from October 20, 1970, (the date he was entitled to the car’s return) until January 30, 1973 (the date he treated the conversion as complete.)

In summary, defendant says the trial court deprived him of his statutory election under § 643.19, used the wrong date to compute damages, disregarded the undisputed evidence in fixing the value of the car, and erroneously ignored his claim for loss of use.

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Universal CIT Credit Corporation v. Jones
227 N.W.2d 473 (Supreme Court of Iowa, 1975)

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Bluebook (online)
227 N.W.2d 473, 1975 Iowa Sup. LEXIS 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/universal-cit-credit-corporation-v-jones-iowa-1975.