Ottumwa National Bank v. Norfolk
Supreme Court of Iowa
Appeal from Wapello District Court. — 11. M. Anderson, Judge. The appellant Plioenix Trust Company was garnished as a supposed debtor of the principal defendant, N. M. Norfolk. The answer of the garnishee did not show an absolute indebtedness to the principal defendant, but, as contended, only a contingent liability.
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Appeal from Wapello District Court. — 11. M. Anderson, Judge. The appellant Plioenix Trust Company was garnished as a supposed debtor of the principal defendant, N. M. Norfolk. The answer of the garnishee did not show an absolute indebtedness to the principal defendant, but, as contended, only a contingent liability. The court ordered that the garnishee hold the money until the further order of the court, subject to be applied, when due, to defendant, and that the garnishment matter be continued, subject to the further order of the court. From this order, the defendant and the garnishee…
1Opinion of the CourtPreston, J.
Plaintiff brought action against N. M. Norfolk, to recover judgment on promissory notes. The petition was filed on March 29, 1916, and on the same day, a writ of attachment was issued, and the Phoenix Trust Company was garnished thereunder. The garnishee answered, September 9, 1916, in which answer it says that, about March 23, 1916, (the Modern Woodmen of America paid to said Trust Company $3,000, under a contract of trusteeship, dated February 21, 1916, executed by defendant N. M. Norfolk and Hazel M. Norfolk, as parties of the first part, Modern Woodmen of America, as party of the second…
2Cases cited14 opinions
- Phenix Insurance v. P. J. Willis & Bro.Texas Supreme Court · 1888
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Biggert v. StraubMassachusetts Supreme Judicial Court · 1906
- Thomas v. GibbonsSupreme Court of Iowa · 1883
- Groome v. LewisCourt of Appeals of Maryland · 1865
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3Cited by4 opinions
- Brunskill v. StutmanCalifornia Court of Appeal · 1960
- Malone v. MooreSupreme Court of Iowa · 1927
- Isbell-Kent-Oakes Dry Goods Co. v. Larimer County Bank & Trust Co.Supreme Court of Colorado · 1924
- Armstrong v. ArmstrongSupreme Court of Iowa · 1923