Nordhaus v. Peterson Bros.
Supreme Court of Iowa
Appeal from Gedar District Gov/rt. This is an action to recover damages for tlie alleged wrongfully and maliciously suing out an attachment against tlie plaintiff. The defendants procured an attachment against the plaintiff upon tlie ground that lie had disposed of his property in whole or in part with intent to defraud his creditors. The attachment was levied upon the entire stock of goods of the plaintiff, and his place of business was closed.
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Appeal from Gedar District Gov/rt. This is an action to recover damages for tlie alleged wrongfully and maliciously suing out an attachment against tlie plaintiff. The defendants procured an attachment against the plaintiff upon tlie ground that lie had disposed of his property in whole or in part with intent to defraud his creditors. The attachment was levied upon the entire stock of goods of the plaintiff, and his place of business was closed. After the levy the plaintiff sold his entire stock to the defendants, and the price was credited upon the debt which the plaintiff owed the…
1Opinion of the CourtDay, J.
1. ATTACHmeht: wronglul JlinlSUííh, Bond. I. In the third, fourth and fifth instructions the court, in substance, directed the jury that the plaintiff might recover if he had not disposed of his property in r 1 . J whole or in part with intent to defraud his cred-R itors. These instructions are erroneous. In order to justify a recovery upon the attachment bond, it must appear not only that the ground alleged for the suing out of the attachment does not exist, but that the defendant had no reasonable cause to believe it existed. Code, § 2961; Burton v. Knapp, 14 Iowa, 196. Whilst these…
2Cases cited3 opinions
- Raver v. WebsterSupreme Court of Iowa · 1856
- Burton v. KnappSupreme Court of Iowa · 1862
- Gaddis v. LordSupreme Court of Iowa · 1859
3Cited by9 opinions
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Ames v. ChirurgSupreme Court of Iowa · 1911
- International Harvester Co. of America v. Iowa Hardware Co.Supreme Court of Iowa · 1909
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