Bebb v. Preston
Supreme Court of Iowa
Appeal from, the Linn District Court. This cause was before this court at tbe December term, A.D. 1855, when tbe judgment below was reversed, and will be found fully reported in 1 Iowa, 460. On the return of tbe cause to tbe District Court, witb a procedendo, tbe plaintiff asked leave to file an amended replication to tbe answer of tbe garnisbee, wbicb replication reads as follows: “ And now comes tbe said plaintiff, and for amended replication to tbe answer of Isaac M.…
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Appeal from, the Linn District Court. This cause was before this court at tbe December term, A.D. 1855, when tbe judgment below was reversed, and will be found fully reported in 1 Iowa, 460. On the return of tbe cause to tbe District Court, witb a procedendo, tbe plaintiff asked leave to file an amended replication to tbe answer of tbe garnisbee, wbicb replication reads as follows: “ And now comes tbe said plaintiff, and for amended replication to tbe answer of Isaac M. Preston, garnisbee, says: “1. That tbe assignment under wbicb tbe said garnisbee acted as tbe trustee of Annis Hathaway, and…
1Opinion of the CourtWoodward, J.
We have expressed the opinion, that the transaction between Hathaway and Preston, was in effect an assignment for the benefit of creditors. The questions of the case, turn on this. It is unquestionably clear as a .proposition of law, that the plaintiff may show that this assignment is void, under chapter 62 of the Code, as being general, and made by an insolvent, or in contemplation of insolvency. In order to do this, he must show that there were other creditors not provided for, and that the assignment contained substantially all the property of the assignor. The cause does not turn at all…
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