Kohn Bros. v. Clement, Morton & Co.
Supreme Court of Iowa
Appeal from Adams Circuit Court. These causes are submited together as arising substantially upon the same state of facts, and involving the same questions of law. The first is "an action upon an indemnifying bond, and the second is a proceeding in garnishment. Both arise out of an attempt of Clement, Morton & Co. to collect a claim against A. G-. Waynick & Co. There was a trial without a jury and judgment was rendered for Clement, Morton & Co. in both actions.
Read the full summary
Appeal from Adams Circuit Court. These causes are submited together as arising substantially upon the same state of facts, and involving the same questions of law. The first is "an action upon an indemnifying bond, and the second is a proceeding in garnishment. Both arise out of an attempt of Clement, Morton & Co. to collect a claim against A. G-. Waynick & Co. There was a trial without a jury and judgment was rendered for Clement, Morton & Co. in both actions. H. A. Kohn Bros, et ah, A. Gr. Waynick & Co. and W. O. Mitchell, garnishee, appeal.
1Opinion of the CourtAdams, J.
1. MORTGAGE: to delay creditors: when not fraudulent. The sole question in the case pertains to a certain chattel mortgage executed by A. G-. Waynick & Co. to H. A. Kohn Bros, et al. Clement, Morton & Co. claimed that it was invalid as executed with intent to hinder, delay and defraud them as creditors of A. Gr. Waynick & Co. and the court so held. The appellants claim that there was no evidence whatever of such intent, and that the judgment is wholly without support. In January, 1879, A. Gr. Waynick & Co. were doing business as merchants at Corning, and were indebted to a large number of…
2Cases cited7 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Fromme v. JonesSupreme Court of Iowa · 1862
- Davenport v. CummingsSupreme Court of Iowa · 1863
- Dunlap v. PulleySupreme Court of Iowa · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Gilbert v. McCorkleIndiana Supreme Court · 1887
- Richards v. Schreiber, Conchar & Westphal Co.Supreme Court of Iowa · 1896
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
20 more not listed; retrieve them via the Exa API.