Legal Opinion

Packer v. Crary

Supreme Court of Iowa

Decided October 17, 1903PublishedCited by 10 opinions

Appeal from Marshall District Court. — Hon. Obed Cas-well, Judge. Plaintiffs brought action against defendant Orary, aided by attachment, and served notice of garnishment on the Marshalltown State Bank, as a debtor of Orary, holding funds of his on deposit.

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Appeal from Marshall District Court. — Hon. Obed Cas-well, Judge. Plaintiffs brought action against defendant Orary, aided by attachment, and served notice of garnishment on the Marshalltown State Bank, as a debtor of Orary, holding funds of his on deposit. Judgment was rendered in this action in favor of plaintiffs, for $520 and costs, and it was agreed that the garnishee had funds of Orary on deposit to the extent of $767.90. But before the rendition of jndment against Orary, and before any judgment had been rendered against the hank as granishee, Adams intervened,.claiming a right to the…

1Opinion of the CourtMcOuain, J.

There is no real controversy as to the facts, and, so far as involved in the decision.on the petition of intervention, they are substantially as follows: Hall was the owner of certain cattle, purchased to some extent with money of Adams, the intervener, and he was indebted to Adams to an amount largely exceeding the value of the cattle. Hall delivered these cattle to Orary to be fattened and marketed, with the agreement that Orary should account to Hall for .the proceeds, after deducting expenses and commissions. Subsequently Hall gave to Adams an order on Orary for such proceeds, and Orary…

2Cases cited5 opinions

  1. Van Alen v. . American National BankNew York Court of Appeals · 1873
  2. Farmers' & Mechanics' National Bank v. KingSupreme Court of Pennsylvania · 1868
  3. Howe & Co. v. JonesSupreme Court of Iowa · 1881
  4. County of Des Moines v. Hinkley & NorrisSupreme Court of Iowa · 1883
  5. Shaver Wagon & Carriage Co. v. HalstedSupreme Court of Iowa · 1889

3Cited by10 opinions

  1. Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
  2. Cable v. Iowa State Savings BankSupreme Court of Iowa · 1922
  3. Susman v. Exchange National BankSupreme Court of Colorado · 1947
  4. Malone v. MooreSupreme Court of Iowa · 1927
  5. What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910

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