Legal Opinion

Moore v. Lowrey

Supreme Court of Iowa

Decided July 23, 1868PublishedCited by 22 opinions

Appeal from Dubuque District Court. PLAnmHFS brought separate actions in attachment against Miles & Keeler, who are residents of and doing business in Milwaukee, Wisconsin, and caused Lowrey to be served with garnishee process.

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Appeal from Dubuque District Court. PLAnmHFS brought separate actions in attachment against Miles & Keeler, who are residents of and doing business in Milwaukee, Wisconsin, and caused Lowrey to be served with garnishee process. Judgment was rendered in the suits against Miles & Keeler, and, before answer of the garnishee, Fowler & Munson made themselves parties to the proceedings by intervention, and by-proper pleading claimed that whatever debt Miles & Keeler held against Lowrey was assigned and transferred to them by Miles & Keeler before the service of the garnishee process upon Lowrey,…

1Opinion of the CourtBeck, J.

of a aeM: ' Miles & Keeler, being in failing circumstances, were indebted to the intervenors, Fowler & Mun-son. In settlement of this claim against them they transferred to Fowler & Munson the claim they held against Lowrey, the garnishee, on the 18th day of January, 1866, by an instrument of which the following is a copy :

“H. Lowrey, Esq., Dubuque, Iowa,

To Miles & Keeler, Dr.

“1866. Jan. 18. To balance of account to date,.. $788 40
“ H. Lowrey, Esq.:
“ Please paji-the above balance to Messrs. Fowler & Munson, or order, and oblige,

Miles & Keeler.”

To this instrument was affixed a two cent U. S.…

2Cases cited1 opinion

  1. Conyngham v. SmithSupreme Court of Iowa · 1864

3Cited by22 opinions

  1. McDaniel v. MaxwellOregon Supreme Court · 1891
  2. Roberts v. First National BankNorth Dakota Supreme Court · 1899
  3. City and County of Honolulu v. KamHawaii Supreme Court · 1965
  4. County of Des Moines v. Hinkley & NorrisSupreme Court of Iowa · 1883
  5. C. W. Hahl & Co. v. Hutcheson, Campbell & HutchesonCourt of Appeals of Texas · 1917

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