Goodman Manufacturing Co. v. Mammoth Vein Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Chas. A. Dudley, Judge. Action on nine promissory notes, executed by the Mammoth Vein Coal Company, November 1, 1915, to the Goodman Manufacturing Company, and indorsed by J. A. J. Powers, aggregating $917.94, aided by garnishment proceedings. Defendants interposed a plea in abatement, and, by way of counterclaim, prayed for damages consequent on the wrongful suing out of the writ of attachment.
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Appeal from Polk District Court. — Chas. A. Dudley, Judge. Action on nine promissory notes, executed by the Mammoth Vein Coal Company, November 1, 1915, to the Goodman Manufacturing Company, and indorsed by J. A. J. Powers, aggregating $917.94, aided by garnishment proceedings. Defendants interposed a plea in abatement, and, by way of counterclaim, prayed for damages consequent on the wrongful suing out of the writ of attachment. The outcome was a judgment in abatement and on the counterclaim, and the assessment of attorney fees. The plaintiff appeals.
1Opinion of the CourtLadd, J.
I. Recovery in this action, begun July 8, 1916, is sought on nine of a series of eleven promissory notes for the aggregate sum of $917.94, with interest. These notes purported to have been executed to plaintiff by the Mammoth Vein Coal Company, and indorsed by defendant, Powers. A condition of each note was that, “in case of default in payment of any note of said series, all notes of the same series shall, at the option of said Goodman Manufacturing Company, become due and payáble on the day following such default.” The plaintiff, as well as the defendant Mammoth Vein Coal Company, was a cor*256po…
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