McHose v. Dutton
Supreme Court of Iowa
Appeal from Story District Oov/rfi. It appears from the averments of the petition that one Eandall contracted to furnish the materials and erect a court house for Story county.
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Appeal from Story District Oov/rfi. It appears from the averments of the petition that one Eandall contracted to furnish the materials and erect a court house for Story county. The plaintiff entered into a written contract with Randall to furnish the brick for said building, and after furnishing the same there was a balance due to the plaintiff amounting to $350. Plaintiff commenced an action against Randall, and on the 3d of April, 1877, he recovered judgment for the amount due. Execution was issued on said judgment, but nothing was made, said Randall being insolvent. On the 5th day of…
1Opinion of the CourtRothrook, J.
1. assign-awe ? instrument I. If the averments of the plaintiff’s petition to the effect that the defendant at the commencement the suit had $18,000 of the court house fund in his hands are true, it is difficult to understand why he' did not garnish the defendant when he issued, execution on the judgment against Randall.
The question to be determined here, and upon which plaintiff’s right to maintain an action depends, is, did the written instrument executed by Randall operate as an assignment to Dutton of the amount of money due on the contract, for the benefit of all who might have claims…
2Cases cited1 opinion
- Thompson v. BertramSupreme Court of Iowa · 1863
3Cited by6 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Beeson v. GreenSupreme Court of Iowa · 1897
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
- Durband v. NicholsonSupreme Court of Iowa · 1927
- Brockmeyer v. Washington National BankSupreme Court of Kansas · 1888
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