International Harvester Co. of America v. Iowa Hardware Co.
Supreme Court of Iowa
Appeal from Clarice District Court. — Hon. H. K. Evans, Judge., Action to recover on promissory notes and for an attachment. Defendant admitted liability to the amount of the notes and interest, but interposed a counterclaim for damages for a wrongful suing out of the attachment.
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Appeal from Clarice District Court. — Hon. H. K. Evans, Judge., Action to recover on promissory notes and for an attachment. Defendant admitted liability to the amount of the notes and interest, but interposed a counterclaim for damages for a wrongful suing out of the attachment. There was a verdict for plaintiff in the amount of the claim sued on less $540, allowed defendant by way of damages for the wrongful attachment, and the court allowed by way of costs to the defendant $300 as attorney’s fees. From a judgment on this verdict the plaintiff appeals.—
1Opinion of the CourtMcClain, J.
It appears that at the time plaintiff instituted this action defendant was indebted to it on various notes in the aggregate sum of about $2,400, of which only about $600 of indebtedness was matured. The ground of attachment relied upon in this court by appellant as having been established by the evidence was that defendant had disposed of its property in whole or part with intent to defraud its creditors.. i. Attachment: SsSaSce! damages. I. Plaintiff’s attachment was levied upon defendant’s stock of goods; the sheriff took possession thereof on Saturday afternoon; the levy was, released by…
2Cases cited8 opinions
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Raver v. WebsterSupreme Court of Iowa · 1856
- Hurlbut, Hess & Co. v. HardenbrookSupreme Court of Iowa · 1882
- Nordhaus v. Peterson Bros.Supreme Court of Iowa · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Reutkemeier v. NolteSupreme Court of Iowa · 1917
- Gregory v. SorensonSupreme Court of Iowa · 1932
- Kirtley v. Bankers Life & Casualty Co.District Court, S.D. Iowa · 1961
- Overton v. Sigmon Furniture Mfg. Co.Supreme Court of Oklahoma · 1915
5 more not listed; retrieve them via the Exa API.