purpose of the notice requirement (Iowa) · Go Syfert
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purpose of the notice requirement in Iowa

7 Iowa opinions name it 2 courts 1973–2020 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Harrop v. Kellergreen
iowa · 1977 · cited in 3 Iowa opinions naming this issue, 1977–1979
2 sentences

1979Cf. Harrop v. Keller, 253 N.W.2d 588 , 592 — 93 (Iowa 1977) (dram shop notice requirement purpose parallel to section 613A.5).

1977More to the point, this court said, 253 N.W.2d at 592 -593: “The purpose of the notice requirement of § 123.93 becomes important.

23
Beneficial Finance Co. of Black Hawk County v. Reedgreen
iowa · 1973 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020Co. of Black Hawk Cty. v. Reed, 212 N.W.2d 454, 459 (Iowa 1973) (“The purpose of notice is to permit the debtor to bid at the sale or to protect [itself] from an inadequate sale price.”); accord Knierim v. First State Bank, 488 N.W.2d 454, 457 (Iowa Ct. App. 1992) 10 (considering if notice was adequate to permit the debtor to purchase the property when determining whether the purpose of the notice requirement was frustrated).

11
Knierim v. First State Bankgreen
iowactapp · 1992 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020Co. of Black Hawk Cty. v. Reed, 212 N.W.2d 454, 459 (Iowa 1973) (“The purpose of notice is to permit the debtor to bid at the sale or to protect [itself] from an inadequate sale price.”); accord Knierim v. First State Bank, 488 N.W.2d 454, 457 (Iowa Ct. App. 1992) 10 (considering if notice was adequate to permit the debtor to purchase the property when determining whether the purpose of the notice requirement was frustrated).

11
Stensel v. Stenselgreen
illappct · 1978 · cited in 1 Iowa opinions naming this issue, 1985–1985
2 sentences

1985Applicability of the exception to chattels is rare: “Its obvious intent was to apply to securities in a rapidly falling market, or any other item, such as gold bullion, which is subject to price fluctuations on a daily basis.” Stensel v. Stensel, 63 Ill.App.3d 639, 641 , 380 N.E.2d 526, 528 (1978).

1985Applicability of the exception to chattels is rare: “Its obvious intent was to apply to securities in a rapidly falling market, or any other item, such as gold bullion, which is subject to price fluctuations on a daily basis.” Stensel v. Stensel, 63 Ill.App.3d 639, 641 , 380 N.E.2d 526, 528 (1978).

11
United States v. Mid-States Sales Companygreen
ned · 1971 · cited in 1 Iowa opinions naming this issue, 1985–1985
1 sentence

1985The purpose of the notice requirement is to give parties an opportunity to protect their interests at sale, and the exception applies “only if the giving of such opportunity would probably result in a loss of or substantial decline in value of the collateral.” United States v. Mid-States Sales Company, 336 F.Supp. 1099, 1103 (D.Neb.1971).

11
Norland v. City of Mason Citygreen
iowa · 1972 · cited in 1 Iowa opinions naming this issue, 1973–1973
2 sentences

1973Norland v. Mason City, 199 N.W. 2d 316, 318 (Iowa 1972).

1973Norland v. Mason City, 199 N.W. 2d 316, 318 (Iowa 1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Lunday Ex Rel. Lunday v. Vogelmann green
iowa · 1973
2 sentences

1979We have said the purpose of the notice requirement is “to provide a method of prompt communication of time, place and circumstances of injury so the municipality can investigate while facts are fresh.” Lunday, 213 N.W.2d at 907 .

1978Lunday v. Vogelmann, 213 N.W.2d 904 (Iowa).

21978–1979

Where else courts name it

TX 157 (1972–2026) MI 51 (1973–2025) IN 41 (1984–2025) NY 35 (1976–2024) CT 31 (1987–2016) IL 30 (1977–2025) OH 26 (1993–2026) MD 21 (1976–2022) PA 19 (1974–2024) GA 17 (1972–2012) CA 16 (1943–2025) TN 16 (2001–2018) FL 14 (1986–2024) MO 13 (1972–2024) OK 12 (1983–2020) MT 11 (1977–2008) LA 10 (1986–2021) MN 9 (1955–2016) NM 8 (1971–2015) VI 8 (1987–2026) NJ 8 (1985–2026) NC 7 (1980–2022) OR 7 (1979–2026) IA 7 (1973–2020) RI 7 (1986–2011) UT 6 (1985–2012) CO 6 (1979–2024) ID 5 (1986–2020) VA 5 (1997–2025) SD 5 (1989–2000) AL 5 (1985–2023) ME 5 (1986–2020) AZ 4 (1985–2003) WI 4 (1950–1996) WY 4 (1981–2024) WA 3 (1989–1996) KY 3 (2000–2026) WV 3 (1997–2025) AR 3 (1987–1993) MS 3 (2010–2017) KS 2 (1987–1996) NE 2 (1993–2003) ND 2 (2005–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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