Steltzer v. Condon
Supreme Court of Iowa
Appeal from Perry Superior Court. — Hon. W. H. Fahey, Judge. Prior to April 5, 1907, Geo. Condon and wife became indebted to plaintiff on four notes aggregating $75, on which $10 had been paid and some interest had accrued. Upon executing the first of these, he made an assignment of wages earned or to be earned as employe of the Chicago', Milwaukee & St. Paul Railway Company, his wife joining and both duly acknowledging the instrument.
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Appeal from Perry Superior Court. — Hon. W. H. Fahey, Judge. Prior to April 5, 1907, Geo. Condon and wife became indebted to plaintiff on four notes aggregating $75, on which $10 had been paid and some interest had accrued. Upon executing the first of these, he made an assignment of wages earned or to be earned as employe of the Chicago', Milwaukee & St. Paul Railway Company, his wife joining and both duly acknowledging the instrument. During April and May, 1907, Condon worked for the company, and there- is still owing by it “therefor $80.77. This action was begun July 8, 1907; judgment being…
1Opinion of the CourtLadd, C. J.
*7561. Garnishment: assignment of claim by debtor: notice. *755Of the wages owing Condon as an employe of the Chicago, Milwaukee & St. Paul Railway *756Company earned during the months of April' and May, 1907, the sum of $80.77 remains unpaid. To whom shall this be awarded? To plain- , tiff as an assignee under an instrument purporting to transfer the same to her dated October 4, 1906, or to 'Dignan, who caused the company to be garnished as Condon’s supposed debtor May 9, 1907? That Dignan was without notice prior thereto is not important, for the process of garnishment can reach nothing other than may…
2Cases cited6 opinions
- Savage v. GreggIllinois Supreme Court · 1894
- McPhail & Co. v. HyattSupreme Court of Iowa · 1870
- Jones v. Lowery Banking Co.Supreme Court of Alabama · 1893
- McCormick Harvesting Machine Co. v. McCormickSupreme Court of Iowa · 1905
- Large v. MooreSupreme Court of Iowa · 1864
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