Risser & Co. v. Rathburn
Supreme Court of Iowa
Appeal from Pocahontas District Court. Action by attachment against defendant Rathburn, in which Bothwell was garnished. An issue upon the answer of the garnishee, denying indebtedness to defendant, was in each case tried to a jury. A judgment for plaintiff was in each case rendered against the garnishee upon special findings for plaintiff. The garnishee appeals. The cases were submitted together upon the same abstract and argument.
1Opinion of the CourtBeck, J.
I. The garnishee, Bothwell, in his answer denies that he is indebted to the defendant, or has in his possession or under his control any property rights or credits of the defendant. He admits that he purchased of defendant a stock of merchandise, but alleges that defendant was indebted to him in the sum of $500 for goods sold and money loaned, and alleges that, in payment of the debt, he took the stock of merchandise, with the agreement that, if he could. sell it for more than the debt, such overplus, after deducting expenses incurred in handling the goods, should go to defendant. He shows in…
2Cited by6 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Hargreaves v. TennisNebraska Supreme Court · 1901
- Jaseph v. People's Sayings BankIndiana Supreme Court · 1892
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