Simon Casady & Co. v. Hartzell
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. Action on certain notes and an overdraft aided by attachment. After the property levied on was discharged by the execution of a delivery bond, the. defendants were adjudged bankrupts. Thereupon, plaintiff amended the petition by praying that judgment be enjoined in order to -adjudicate defendants’ liability as a basis for an action against the surety on the delivery bond.
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Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. Action on certain notes and an overdraft aided by attachment. After the property levied on was discharged by the execution of a delivery bond, the. defendants were adjudged bankrupts. Thereupon, plaintiff amended the petition by praying that judgment be enjoined in order to -adjudicate defendants’ liability as a basis for an action against the surety on the delivery bond. The relief was denied and plaintiff appeals.
1Opinion of the CourtLadd, J.
1' attachmentY.: bond :dnuuifiY bankniptcy — A petition was filed June 23, 1908, praying for judgment on four notes, of the face value of $3,454.84, and an overdraft of $426.49, with accrued interest. This petition was aided by a writ of attachment which was levied on certain real estate and a large amount of personal property. On the same day, the defendant, O. M. Hartzell, with Frank L. Hall as surety, released the personal property from the levy by executing'a delivery bond in the penal sum of $9,000, conditioned that if the defendants “shall deliver said property or its estimated value…
2Cases cited8 opinions
- Hill v. HardingSupreme Court of the United States · 1889
- Kendrick & Roberts, Inc. v. Warren Bros.Court of Appeals of Maryland · 1909
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901
- Payne v. AbleCourt of Appeals of Kentucky · 1870
- A. Klipstein & Co. v. Allen-Miles Co.Court of Appeals for the Fifth Circuit · 1905
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- In re AlbrightDistrict Court, E.D. Pennsylvania · 1927
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- Hoiles v. Fidelity & Deposit Co.Ohio Court of Appeals · 1923
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