Turner v. Iowa National Bank
Washington Supreme Court
Appeal from Superior Court, Kittitas County. Action to foreclose a chattel mortgage given by Lloyd & Co. to the Iowa National Bank to secure an alleged bona fide debt of 1)17,500. Turner & Jay, who were judgment creditors of Lloyd & Co., intervened, claiming the mortgage to be void as to them, under the insolvency laws of Washington Territory.
Read the full summary
Appeal from Superior Court, Kittitas County. Action to foreclose a chattel mortgage given by Lloyd & Co. to the Iowa National Bank to secure an alleged bona fide debt of 1)17,500. Turner & Jay, who were judgment creditors of Lloyd & Co., intervened, claiming the mortgage to be void as to them, under the insolvency laws of Washington Territory. Plaintiff’s demurrer to the petition in intervention was sustained, and the intervenors refusing to plead further, judgment was given against them, from which ruling of the court, and the judgment thereon, intervenors appeal.
1Opinion of the Court
The opinion of the court was delivered by
Scott, J.
— Lloyd & Co. were engaged in the merchantile business, and, being considerably indebted to various parties, they executed mortgages to certain of their creditors to secure the amounts they were owing them respectively. The Iowa National Bank, having been so secured, began an action to foreclose the mortgage. Appellants Turner & Jay, being judgment creditors, and not secured, sought to intervene in said suit. Their petition in intervention alleges that Lloyd <& Co. were indebted largely in excess of their ability to pay; that the mortgages…
2Cited by18 opinions
- McAvoy v. JenningsWashington Supreme Court · 1906
- Holliday's Ex'rs v. MyersWest Virginia Supreme Court · 1877
- Vietor v. GloverWashington Supreme Court · 1897
- Samuel v. KittengerWashington Supreme Court · 1893
- Furth v. SnellWashington Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.