Burnett v. Gustafson
Supreme Court of Iowa
Appeal from Webster Ovreuit Gourt. • The plaintiff brought an action against John E. Gustafson, aided by attachment, and the Eirst National Bank of Boone was garnished as a supposed debtor of John E. Gustafson. The statutory questions were propounded to the garnishee -through its cashier, who answered all of said questions in the negative.
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Appeal from Webster Ovreuit Gourt. • The plaintiff brought an action against John E. Gustafson, aided by attachment, and the Eirst National Bank of Boone was garnished as a supposed debtor of John E. Gustafson. The statutory questions were propounded to the garnishee -through its cashier, who answered all of said questions in the negative. The plaintiff recovered judgment against Gustafson fo,r $625.21, with ten per cent interest, and an order was made giving the plaintiff leave to file, within ten days, a bill in equity against the said bank. Within the time allowed the plaintiff filed a…
1Opinion of the CourtDay, J.
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I. On the 13th day of May, 1876, John E. Gustafson, to secure the debt sued upon, executed to the plaintiff a chattel mortgage upon property described as follows: “Sixty head of cattle; forty-five three years old, and fifteen two years old, steers.”
This mortgage was recorded in Webster county on the 16th day of May, 1876. About the same time the defendant Gustafson was indebted to the bank in the sum of $2,200, a portion of which debt had been renewed from time to time. At the date of the last renewal of a note of $1,000, Gustafson promised that he would…
2Cited by10 opinions
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- Farmers' & Merchants' Bank of Clay Center v. FarwellCourt of Appeals for the Eighth Circuit · 1893
- Simon Casady & Co. v. German Savings BankSupreme Court of Iowa · 1913
- Rawlins County State Bank v. WaltersSupreme Court of Kansas · 1914
- First Security Bank v. Zaring Farm & Livestock Co.Idaho Supreme Court · 1932
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