Singer & Co. v. Armstrong
Supreme Court of Iowa
Appeal from. Hamilton District Court. — Hon. S. M. Weaves, Judge. This is an action.at law to recover six hundred and forty dollars, aided by an attachment levied upon the defendant’s property at 10:15 o’clock p. m., July 20, 1887. Intervenor claims the property by virtue of an alleged general assignment to Mm as assignee for the benefit of the defendant’s creditors, filed for record at 5:50 o’clock p. m., on the same day. The case was submitted to the court without a jury.
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Appeal from. Hamilton District Court. — Hon. S. M. Weaves, Judge. This is an action.at law to recover six hundred and forty dollars, aided by an attachment levied upon the defendant’s property at 10:15 o’clock p. m., July 20, 1887. Intervenor claims the property by virtue of an alleged general assignment to Mm as assignee for the benefit of the defendant’s creditors, filed for record at 5:50 o’clock p. m., on the same day. The case was submitted to the court without a jury. The court found for the intervenor, and entered judgment accordingly, to which the plaintiff excepts, and from which he…
1Opinion of the CourtGiven, C. J.
1. assignment creditors;11 aotrust1 and°aelivery of deed. I. The first question presented in the record is whether the assignment had been so accepted that it . took effect before the levying of the attachment. The testimony shows that before the execution of the aggignmen£ at Webster City the defendant telephoned his brother, L. E. Armstrong, at Fort Dodge, to come to Webster City; that, before leaving Fort Dodge, L. E. Armstrong saw the intervenor, and informed him that defendant anticipated trouble, and might have to appoint an assignee, and asked him if he would act if he was appointed,…
2Cases cited1 opinion
- American & Co. v. FrankSupreme Court of Iowa · 1883
3Cited by1 opinion
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916