Benton County Savings Bank v. First National Bank
Supreme Court of Iowa
Appeal from Emmet District Court. — N. J. Lee, Judge. The first of the above eutitled causes is'an action in equity upon promissory notes, aided by attachment levy on mortgaged chattels, in which it is alleged substantially that plaintiff has a promissory note against E. 0. Bergeson and his mother, Anna S. Bergeson, not yet due, but that nothing but time is wanting to fix absolute indebtedness; that plaintiff had brought suit against the parties in the Benton district court,…
Read the full summary
Appeal from Emmet District Court. — N. J. Lee, Judge. The first of the above eutitled causes is'an action in equity upon promissory notes, aided by attachment levy on mortgaged chattels, in which it is alleged substantially that plaintiff has a promissory note against E. 0. Bergeson and his mother, Anna S. Bergeson, not yet due, but that nothing but time is wanting to fix absolute indebtedness; that plaintiff had brought suit against the parties in the Benton district court, and that an attachment had issued against the personal property of E. O. Bergeson; that defendant bank claims an…
1Opinion of the CourtPreston, J.
Fraudulent CONVEYANCES: grounds of invalidity : intent : knowledge of debtors’ involved conditions : evidence. The substance of plaintiff’s claims is: First, that the chattel mortgage to the defendant bank was a sham and made to hinder and delay creditors; and, second, that the conveyances of lands and chattels were fraudulent, the intent being to hinder and delay creditors, and that the transfers were voluntary, leaving the grantors insolvent and largely indebted. The questions presented are very largely fact questions, and, where there is a large record, as here, it is not practicable, and…
2Cases cited3 opinions
- Long v. Garey Investment Co.Supreme Court of Iowa · 1907
- Atkinson v. McNiderSupreme Court of Iowa · 1905
- Wescott v. City of Sioux CitySupreme Court of Iowa · 1909
3Cited by3 opinions
- Iowa Supreme Court Attorney Disciplinary Board v. D'AngeloSupreme Court of Iowa · 2006
- Iowa Supreme Court Attorney Disciplinary Board, Vs. N. Michael DangeloSupreme Court of Iowa · 2006
- Second National Bank of New Hampton v. MillbrandtSupreme Court of Iowa · 1931