Lowenstein v. Monroe
Supreme Court of Iowa
Appeal from Polh Ci/reuit Court. Plaintiff brought an action against the defendant on an account for goods and merchandise sold and delivered. The petition prayed the issuance of a writ of attachment upon the ground that defendant had disposed of his property in part, and was about to make further disposition thereof, with intent to defraud his creditors.
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Appeal from Polh Ci/reuit Court. Plaintiff brought an action against the defendant on an account for goods and merchandise sold and delivered. The petition prayed the issuance of a writ of attachment upon the ground that defendant had disposed of his property in part, and was about to make further disposition thereof, with intent to defraud his creditors. The writ was issued, and levied upon a stock of clothing owned by defendant, and in his store, and said store was closed by the sheriff. The answer, in addition to a general denial of indebtedness, set up a claim against the plaintiff for…
1Opinion of the CourtRothrock, J.
i. attachMsSngoufI measure of damages. — The several allegations of the answer and counter-claim wbicb. were struck out on motion are as follows: “1. The said attachment was levied on a stock of bis (defendants) goods wbicb was then of tbe , \ , .... „ . value of about $6,000, and by reason or sncii levy and invoice, and tbe retail trade of tbe same being thereby cut off, tbe value of said stock of goods was reduced to about tbe sum of $3,000.
“i3. That by reason of said levy tbe defendant was prevented from selling said goods at tbe season they were salable, and when there was a demand for…
2Cases cited1 opinion
- Campbell v. ChamberlainSupreme Court of Iowa · 1860
3Cited by11 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Mitchell v. HarcourtSupreme Court of Iowa · 1883
- Ruthven v. Beckwith & De GroatSupreme Court of Iowa · 1890
- DeGoey v. Van WykSupreme Court of Iowa · 1896
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