Samuels v. Griffith
Supreme Court of Iowa
Appeal from Lee District Court. Plaintiff sues in trespass, claiming- $4,000 for. .certain goods and ebattels, witb force, &c., taken and carried away by defendants. The defendant justifies, under a writ of attachment against one Louis Baum. It is also averred that Baum owned the goods, and sold the same to plaintiff, with intent to defraud his creditors, &c.
Read the full summary
Appeal from Lee District Court. Plaintiff sues in trespass, claiming- $4,000 for. .certain goods and ebattels, witb force, &c., taken and carried away by defendants. The defendant justifies, under a writ of attachment against one Louis Baum. It is also averred that Baum owned the goods, and sold the same to plaintiff, with intent to defraud his creditors, &c. Issue thereon, trial and verdict for plaintiff, and defendants appeal. each presented an or^l argument, in addition to one printed, in which the following authorities were cited: l'Starkie’s Ev., 183, note 1 (marg.); 2 Phill. Ev., Cow. &…
1Opinion of the CourtWright, J.
— Two questions are presented for our consideration.
I. Defendants read in evidence the deposition of one Rosenstien, in which, in reply to an interrogatory, the witness detailed a conversation with one Adolph Samuel, (brother of plaintiff,) in presence of plaintiff, which tended to show that the transaction through which plaintiff claimed title to the goods, was fraudulent. In rebutting, plaintiff was called, the said answer read to him, and he was then asked whether such “ conversation ever took place in his presence or hearing.” To the reading of this answer and the interrogatory,…
2Cases cited6 opinions
- State v. RuhlSupreme Court of Iowa · 1859
- Conrad v. GriffeySupreme Court of the United States · 1854
- Pendleton v. . Empire Stone Dressing CompanyNew York Court of Appeals · 1859
- Howell v. ReynoldsSupreme Court of Alabama · 1847
- Morrison v. MyersSupreme Court of Iowa · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. CollinsSupreme Court of Iowa · 1871
- State v. JaponeSupreme Court of Iowa · 1926
- Joy v. Liverpool & London & Globe InsuranceCourt of Appeals of Texas · 1903
- Taussig v. SchieldsMissouri Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.