Walker & Co. v. Stone
Supreme Court of Iowa
Appeal^from Decatwr District Court. ActioN for an injunction restraining the assignee from proceeding under an assignment for the benefit of creditors, and for the appointment of a receiver. An injunction was granted as prayed for, and a receiver appointed. • The defendants answered, and filed a motion to dissolve the injunction and to remove the receiver. The motion was overruled, and the defendants appeal from the order overruling the motion.
1Opinion of the Court
Adams, Ch. J.
The plaintiffs are creditors of the defendant W. E. Stone, who, in February, 1886, made an assignment to the defendant Gemmill. They brought this action to set aside the assignment, and to restrain the assignee, Gemmill, from proceeding under it. They averred that the assignment was made by Stone for the purpose of defrauding his creditors, and set out in what the fraud consisted. The answer of Stone and Gemmill denies the fraud. In Stewart v. Johnson, 44 Iowa, 435, it was said: “The general rule, doubtless, is that where all the material allegations of a petition for an…
2Cases cited3 opinions
- Sinnett v. MolesSupreme Court of Iowa · 1873
- Stewart v. Johnston & Co.Supreme Court of Iowa · 1876
- Dent v. SummerlinSupreme Court of Georgia · 1852
3Cited by5 opinions
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Bankers Surety Co. v. LinderSupreme Court of Iowa · 1912
- Laplant v. City of MarshalltownSupreme Court of Iowa · 1907
- Gregory v. Dr. J. W. S. Howell & Co.Supreme Court of Iowa · 1902
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1893