Andrews v. Blakeslee
Supreme Court of Iowa
Appeal from Mitchell District Court. Defendant’s demurrer to the petition was sustained, and plaintiff appeals. f By the fraudulent act of defendant in conveying to a third person the property which he had conveyed to Batch-elder, the plaintiff lost his security for the payment of his debt.
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Appeal from Mitchell District Court. Defendant’s demurrer to the petition was sustained, and plaintiff appeals. f By the fraudulent act of defendant in conveying to a third person the property which he had conveyed to Batch-elder, the plaintiff lost his security for the payment of his debt. Such a conveyance, under such circumstances, was a tortious act resulting in the damage and injury of plaintiff in the amount of his claim, for which the defendant is liable in this action. Oro. & Jac. 478; Hav. & Mun. 685; Holt, 0. J., 1 Salk. 21; 11 John. 136; 14 lb. 213; Vanderburgh v. Truax, 4 Denio…
1Opinion of the CourtWright, J.
Petition claims one hundred and seventy dollars with interest, and for cause states, that on the 17th of March, 1859, one Batchelder executed to plaintiff a promissory note for $170, due January 1, 1860, for a sum of money then due; that plaintiff agreed to extend the time as aforesaid, in consideration of an agreement of said Batch-elder before that time made to secure the said sum; that this agreement was made on or about the 1st of March, 1859 ; that B. then represented that he had entered into an *579agreement with the defendant Blakeslee, by which defendant was to convey to him lots 1, 2 and…
2Cited by1 opinion
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