Everingham v. A. W. Harris & Co.
Supreme Court of Iowa
Appeal from Osceola District Court. — Hon. Frank B. Gíaynor, Judge. Plaintiff, a judgment creditor of the defendant, A. W. Harris, insolvent, brings this action in equity to set aside three certain bills of sale executed by the ■ defendant, Harris, one to the defendant bank, and the other two to defendant, H. E. Thayer, as assignee of said bank.
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Appeal from Osceola District Court. — Hon. Frank B. Gíaynor, Judge. Plaintiff, a judgment creditor of the defendant, A. W. Harris, insolvent, brings this action in equity to set aside three certain bills of sale executed by the ■ defendant, Harris, one to the defendant bank, and the other two to defendant, H. E. Thayer, as assignee of said bank. Plaintiff alleges that said bills of sale are fraudulent and void as to the creditors of said Harris, and asks that the property covered thereby, or so much as may be necessary, may be subjected to the payment of his said judgment. The defendant,…
1Opinion of the CourtGiven, J.
1 *4502 *448I. There is but little controversy as to the facts of this case, and the following is the substance thereof as conceded, or fairly established by the evidence. For some time prior to April 29, 1898, the plaintiff was engaged in the commission business in Chicago, receiving and selling grain and other products. During the same time, the defendant, Harris, was engaged in buying grain at several points in Iowa, at each of which he owned and used warehouses, or elevator buildings, situated upon grounds belonging to other persons. Mr. Harris shipped grain to the plaintiff, and drew upon him on…
2Cases cited5 opinions
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Letts, Fletcher & Co. v. McMasterSupreme Court of Iowa · 1891
- Charles L. Mull & Sons v. DooleySupreme Court of Iowa · 1893
- Liddle v. AllenSupreme Court of Iowa · 1894
- Tripp v. BoardmanSupreme Court of Iowa · 1878
3Cited by2 opinions
- J. Miller Co. v. BrackenSupreme Court of Iowa · 1898
- Ward v. ParkerSupreme Court of Iowa · 1905