Hall v. Wolff
Supreme Court of Iowa
Appeal from Page Circuit Court. This action was commenced by tbe plaintiff against tbe defendant, Wolff, upon a promissory note, and a writ of attachment was issued upon the ground that the debt was incurred for property obtained by false pretenses, the defendant having absconded. The writ of attachment was levied upon eleven spring calves.
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Appeal from Page Circuit Court. This action was commenced by tbe plaintiff against tbe defendant, Wolff, upon a promissory note, and a writ of attachment was issued upon the ground that the debt was incurred for property obtained by false pretenses, the defendant having absconded. The writ of attachment was levied upon eleven spring calves. The Shenandoah National Bank intervened in the action, and claimed that it was the absolute owner of the attached property at the time it was attached, and that it was at that time in the actual possession of the bank. Plaintiff answered the petition of…
1Opinion of the CourtNothrock, J.
— I. Some two or three witnessess testified upon the trial that they were present when the agent of the bank purchased the calves from Wolff, and that the property was actually delivered to the agent of the bank in pursuance of the sale, and it appears that, at the time the bank purchased the property, Wolff was largely in debt to the bank, and that the property in controversy was taken upon the debt. There is no evidence in contradiction of the testimony of the witnesses that a sale was actually made, and that the property was delivered. And there was no evidence that the property was…
2Cases cited1 opinion
- West v. DruffSupreme Court of Iowa · 1880
3Cited by29 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- State v. PeirceSupreme Court of Iowa · 1916
- State v. CarnagySupreme Court of Iowa · 1898
- Taylor v. Savings Union Bank & Trust Co.California Supreme Court · 1915
- Connelly v. NolteSupreme Court of Iowa · 1946
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