Ferguson v. Lederer, Strauss & Co.
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. A. LI. McVey, Judge. Action by plaintiff, as trustee in bankruptcy of tbe estate of William Johnson, bankrupt, to recover from tbe defendants tbe value of a stock of goods transferred by tbe bankrupt to defendants as creditors when insolvent and witbin four months of tbe adjudication of bankruptcy, with intent to give to defendants a preference over other creditors, and to binder, delay, and defraud all other creditors of said bankrupt.
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Appeal from Polk District Court.— Hon. A. LI. McVey, Judge. Action by plaintiff, as trustee in bankruptcy of tbe estate of William Johnson, bankrupt, to recover from tbe defendants tbe value of a stock of goods transferred by tbe bankrupt to defendants as creditors when insolvent and witbin four months of tbe adjudication of bankruptcy, with intent to give to defendants a preference over other creditors, and to binder, delay, and defraud all other creditors of said bankrupt. On trial to tbe court without a jury judgment was rendered for plaintiff for $1,000, with interest. Defendants appeal.—
1Opinion of the CourtMcClain, J.
1. depositions: failure to file in time. Error is assigned on the action of the trial court in receiving and considering, over defendants’ objection, the deposition of William Johnson, the bankrupt, the ground of the objection being that it was not filed by the clerk, as required in Code, sec--(¿on 4^0^. It appears that when the case came on for trial in February, 1903, it was contended by defendants that this deposition, offered in evidence for the plaintiff, should not be read, on the ground that defendants had no notice of its having been filed and had not had sufficient time to file a…
2Cases cited1 opinion
- Bardes v. First National Bank of HawardenSupreme Court of Iowa · 1904
3Cited by1 opinion
- Wickwire v. Webster City Savings BankSupreme Court of Iowa · 1911