Garretson v. Ferrall & Hawkins Bros.
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. A. R. Dewey, Judge. Action on an indemnifying bond. Judgment for defendants, and the plaintiff appeals.
1Opinion of the CourtGranger, C. J.
1 2 The defendant firm, Ferrall & Hawkins Brothers, was a judgment creditor of W. O. and L. P. Garretson and by virtue of an execution levied upon a stock of merchandise upon which W. O. and L. P. Garretson had made to plaintiff in this suit, O. S. Garretson, a chattel mortgage. After the levy, Ferrall & Hawkins Brothers made to O. S. Garretson an indemnifying bond, and the merchandise was sold, and the proceeds paid to Ferrall & Hawkins Brothers, and this suit is by O. S. Garretson on the bond. A defense to the action is that plaintiff is estopped to maintain this suit because of an action…
2Cases cited1 opinion
- Enix v. MillerSupreme Court of Iowa · 1880
3Cited by9 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- Madison v. Garfield Coal Co.Supreme Court of Iowa · 1901
- Reeves & Co. v. Lamm Bros.Supreme Court of Iowa · 1907
- City of Carthage ex rel. Cook v. WeesnerMissouri Court of Appeals · 1906
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