Haines v. M. S. Welker & Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — -Thomas Arthur, Judge. Suit to recover damages, on the ground that defendants sent an obligation of the plaintiff to it out of the state of Iowa, with intent to deprive the plaintiff of the benefit of the Iowa exemption laws, and that such wrongful intent was accomplished by depriving the plaintiff of wages which could not have been reached had suit been brought in Iowa.
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Appeal from Pottawattamie District Court. — -Thomas Arthur, Judge. Suit to recover damages, on the ground that defendants sent an obligation of the plaintiff to it out of the state of Iowa, with intent to deprive the plaintiff of the benefit of the Iowa exemption laws, and that such wrongful intent was accomplished by depriving the plaintiff of wages which could not have been reached had suit been brought in Iowa. Plaintiff had a verdict for both actual and exemplary damages, and defendants appeal. —
1Opinion of the CourtSalinger, J.
1. Judgment: conclusivonoss: wholly immaterial matter. — I. The plaintiff made notes to the defendants. They transferred the same, and suit thereon was brought in a Nebraska court, wherein judgment on the notes was entered. Without apparently making any issue of it, the plaintiff injected into an answer filed in the Nebraska court a statement that the transfer of the notes was in violation of a penal statute of Iowa, and was made with intent to wrongfully deprive the maker of the notes of the exemption laws of the state of Iowa. The appellant says that this allegation in answer bars the…
2Cases cited12 opinions
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Brown v. AllenSupreme Court of Iowa · 1872
- Saunders v. MullenSupreme Court of Iowa · 1885
- Inman v. BallSupreme Court of Iowa · 1885
- Call v. LarabeeSupreme Court of Iowa · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bankers Life & Casualty Company v. C. M. Kirtley, Trustee in Corporate Reorganization Proceedings of Automatic Washer CompanyCourt of Appeals for the Eighth Circuit · 1962
- Hall v. Montgomery Ward & Co.Supreme Court of Iowa · 1977
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Boyle v. BornholtzSupreme Court of Iowa · 1937
- Montgomery v. EngelSupreme Court of Iowa · 1970
7 more not listed; retrieve them via the Exa API.