Campbell v. Park

• Decision Date: 28 September 1905
• Citation: 104 N.W. 799,128 Iowa 181
• Parties: CAMPBELL v. PARK ET AL.
• Court: Iowa Supreme Court

128 Iowa 181

104 N.W. 799

CAMPBELL

v.PARK ET AL.

Supreme Court of Iowa.

Sept. 28, 1905.

On rehearing. Opinion, as published in 101 N. W. 861, modified.

*799PER CURIAM.

A reconsideration of this case on application of appellee has led the majority of the court to the conclusion that the portion of the opinion relating to the ruling excluding the written lease or instrument of conditional sale, signed in the name of the Daniels Foot Cycle Company by Gallund. *800is erroneous. The opinion is therefore modified by changing the paragraph commencing with the words, “The defendant testified that the machinery,” and ending with the words “to remain in the record, or to be introduced when offered,” so as to read as follows: “The defendant testified that the machinery, which was represented to constitute a considerable part of the assets of the company, did not belong to it, but to his knowledge was taken away by persons claiming to be the owners thereof. This evidence was stricken out on the ground that defendant did not show any actual knowledge as to whether the persons who took it away did so rightfully or wrongfully. But we think it can hardly be seriously contended that the fact of the machinery being taken away under claim of right, and without resistance on the part of those interested in the company, did not tend to show that it did not belong to the company. The court should have allowed the testimony of the defendant as to the machines being taken away to remain in the record, or to be introduced when offered.”

With this modification, the opinion is adhered to and the petition for rehearing is overruled. The reporter will make the change above indicated when the opinion is officially published.