Drake v. Buck
Supreme Court of Iowa
Appeal from Fayette Bist/rict Court. Defendant was garnished at the suit of the plaintiff against Billings & Co., November 8, 1869. At the December term, 1869, plaintiff obtained a judgment against Billings & Co. for $850. The answer of the garnishee was taken, in which he denied being indebted to the defendants in any sum, or that he had the possession or custody of any property belonging to them at any time since being attached as garnishee.
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Appeal from Fayette Bist/rict Court. Defendant was garnished at the suit of the plaintiff against Billings & Co., November 8, 1869. At the December term, 1869, plaintiff obtained a judgment against Billings & Co. for $850. The answer of the garnishee was taken, in which he denied being indebted to the defendants in any sum, or that he had the possession or custody of any property belonging to them at any time since being attached as garnishee. TJpon this answer plaintiff took issue and alleged that the garnishee held possession of a large amount of property formerly in the possession of…
1Opinion of the CourtMiller, J.
The first error assigned is the overruling of appellant’s motion for a new trial, based upon the insufficiency of the evidence to sustain the verdict.
Tbe question of fraud was fairly submitted to the jury upon the evidence, which was reasonably sufficient to authorize the jury to find the issue for plaintiff. The garnishee was the brother-in-law'of one of the members of the firm of Billings & Co. The evidence tends to show that the firm was ■ in failing circumstances at the time of the transfer. The purchase was of an entire stock of *474goods without inventory, in gross estimated at $2,000, and…
2Cited by1 opinion
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