Selz & Co. v. Belden
Supreme Court of Iowa
Appeal from, Jones Circuit Court. The plaintiffs’ action is based on an accepted draft and account. They caused an attachment to issue on the ground' that defendants were about to dispose of their property with intent to defraud their creditors. A stock of merchandise was seized under the writ of attachment.
Read the full summary
Appeal from, Jones Circuit Court. The plaintiffs’ action is based on an accepted draft and account. They caused an attachment to issue on the ground' that defendants were about to dispose of their property with intent to defraud their creditors. A stock of merchandise was seized under the writ of attachment. The defendants denied the allegations of the petition, and, as a counter-claim, alleged that plaintiffs had no reasonable grounds for believing defendants were about to dispose of their property, as stated in the petition, and that the attachment was wrongfully and maliciously sued out,…
1Opinion of the CourtSeevers, J.
1. attachment evidence: intent, I. It was a material question whether the plaintiffs had reasonable grounds to believe, at the time the attachment was sued out, that defendants had disposed of their property with intent to defraud their creditors.
One of the defendants, being on the stand as a witness, was asked: “Were you, at or prior to the 24th day of May, 1876, disposing of your property for any purpose, or for what purpose ?” He replied: “I was disposing of my property as fast as I could for the purpose of paying my debts; was making extra efforts,too.” The admission of this evidence is…
2Cases cited3 opinions
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Moorman v. CollierSupreme Court of Iowa · 1871
- Budd v. DurallSupreme Court of Iowa · 1873
3Cited by6 opinions
- Zimmerman v. BrannonSupreme Court of Iowa · 1897
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
- Allith-Prouty Co. v. WallaceWyoming Supreme Court · 1926
- Cox v. Southern Surety Co.Supreme Court of Iowa · 1929
- Goodfellow v. RiggsSupreme Court of Iowa · 1893
1 more not listed; retrieve them via the Exa API.