Cole v. Dealham
Supreme Court of Iowa
Appeal from, Dubuque Oity Court. Cole obtained a judgment against one Friedlander, and, under an execution issued thereon, garnisheed the defendant, Dealham. From the answer of the garnishee, it appears that he had certain property which he claimed had come into his hands as the assignee of Friedlander, under a general assignment. The assignment was not denied by plaintiff, but it was insisted that it was fraudulent and void.
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Appeal from, Dubuque Oity Court. Cole obtained a judgment against one Friedlander, and, under an execution issued thereon, garnisheed the defendant, Dealham. From the answer of the garnishee, it appears that he had certain property which he claimed had come into his hands as the assignee of Friedlander, under a general assignment. The assignment was not denied by plaintiff, but it was insisted that it was fraudulent and void. Upon tbis issue testimony was taken, and the cause submitted to the court. Judgment for plaintiff, and defendant appeals. in support of tbe validity of tbe assignment,…
1Opinion of the CourtWright, J.
Counsel for appellant have pressed their positions with great earnestness and ability, but have failed to satisfy us that in its essential principles this case differs from that of Burrows v. Lehndorff, 8 Iowa, 96. Indeed, it is seldom that we meet with cases, running more nearly parallel in all their leading facts. Here there was a general assignment. There the transaction was held to amount in legal effect to such an assignment. In that case, as in this, the attempted transfer was attacked upon the ground that it was not made for the benefit of all the creditors, in proportion to the amount…
2Cases cited2 opinions
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Burrows v. LehndorffSupreme Court of Iowa · 1859
3Cited by13 opinions
- Van Patten v. BurrSupreme Court of Iowa · 1879
- Day v. GriffithSupreme Court of Iowa · 1863
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- Moore v. ChurchSupreme Court of Iowa · 1886
- Van Horn v. SmithSupreme Court of Iowa · 1882
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