Peabody Buggy Co. v. Cooper & Collins
Supreme Court of Iowa
Appeal from Cr-awforcl District Court. — M. E. Hutchison, Judge. The plaintiff, a corporation, is an execution creditor of Cooper & Collins, a partnership. It levied an execution by garnishment of the First National Bank of Woodbine, as garnishee and as alleged debtor of Cooper & Collins. The issue is between the plaintiff and the garnishee.
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Appeal from Cr-awforcl District Court. — M. E. Hutchison, Judge. The plaintiff, a corporation, is an execution creditor of Cooper & Collins, a partnership. It levied an execution by garnishment of the First National Bank of Woodbine, as garnishee and as alleged debtor of Cooper & Collins. The issue is between the plaintiff and the garnishee. The garnishee denied indebtedness, and the plaintiff controverted its answer and averred, in substance, that said garnishee had previously received certain partnership checks signed by Cooper & Collins, and had fraudulently appropriated the same to its…
1Opinion of the CourtEvans, J.
1. Partnership : partnership assets: diversion by partner for private purpose : non-repudiation : ratification: garnishment. — The firm of Cooper & Collins came into .being in the fall of 1909. It consisted of two partners, Cooper and Collins. Its activity covered a period of two or three years, and consisted of operating a hardware store at Charter Oak, Iowa. The plaintiff is one of its judgment creditors. At the time that it was formed, Collins was debtor to the First-National Bank of Woodbine, garnishee herein, which will hereinafter be referred to as the bank. On or about January 1, 1910,…
2Cases cited9 opinions
- Clews v. JamiesonSupreme Court of the United States · 1901
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
- Argus v. Ware & LelandSupreme Court of Iowa · 1912
- Poole, Gilliam & Co. v. SeneySupreme Court of Iowa · 1885
- First National Bank v. BrubakerSupreme Court of Iowa · 1905
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3Cited by1 opinion
- Story County Trust & Savings Bank v. Estate of YoutzSupreme Court of Iowa · 1924