Farmers' & Merchants' Bank v. Wasson
Supreme Court of Iowa
Appeal from Wayne Circuit Court. The plaintiff instituted an action at law against H. W. Wilson, and caused an attachment to issue therein, and process of garnishment to be served upon defendant, Wasson. The foundation of the action against Wilson was a promissory note given plaintiff for money borrowed and an account for an over-draft.
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Appeal from Wayne Circuit Court. The plaintiff instituted an action at law against H. W. Wilson, and caused an attachment to issue therein, and process of garnishment to be served upon defendant, Wasson. The foundation of the action against Wilson was a promissory note given plaintiff for money borrowed and an account for an over-draft. The defendant, in the proceedings of garnishment, is sought' to be charged on account of certain stock of the bank owned by Wilson, as it is alleged, to which Wasson sets up a claim as the assignee thereof. The cause was finally regarded as a chancery…
1Opinion of the CourtBeck, J.
I. Reference need not be rpade to the form of the proceedings, or to the allegations of the pleadings. No objection is based upon such grounds. The case is submitted to *338us as a proceeding in chancery, triable here de novo. We will so consider it.
The facts are not intricate, and are subject to but little, if any, dispute, and may be briefly stated as follows:
At the time the indebtedness accrued, which is the foundation of the action wherein the process of garnishment was issued, Wilson was a stockholder and director of plaintiff, and Wasson, the defendant, was, and continued to be at the time…
2Cases cited3 opinions
- Quiner v. Marblehead Social InsuranceMassachusetts Supreme Judicial Court · 1813
- Chouteau Spring Co. v. HarrisSupreme Court of Missouri · 1855
- United States v. VaughanSupreme Court of Pennsylvania · 1811
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- Nappanee Canning Co. v. Reid, Murdoch & Co.Indiana Supreme Court · 1902
- Victor G. Bloede Co. v. BloedeCourt of Appeals of Maryland · 1896
- Dempster Manufacturing Co. v. DownsSupreme Court of Iowa · 1904
- Gould v. Little Rock, M. R. & T. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1892
- Mason v. Mallard Telephone Co.Supreme Court of Iowa · 1932
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