Ruthven v. Beckwith & De Groat
Supreme Court of Iowa
Appeal from Falo Alto District Court. — Hon. George H. Cabe, Judge. Action aided by attachment to recover upon a promissory note executed by the plaintiff with, and as surety for, the defendant firm, Beckwith & De Groat; which note the plaintiff paid after maturity. The plaintiff asked attachment and judgment against the partnership of Beckwith & De Groat and the individual members thereof, M. J. Beckwith and Z.. De Groat.
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Appeal from Falo Alto District Court. — Hon. George H. Cabe, Judge. Action aided by attachment to recover upon a promissory note executed by the plaintiff with, and as surety for, the defendant firm, Beckwith & De Groat; which note the plaintiff paid after maturity. The plaintiff asked attachment and judgment against the partnership of Beckwith & De Groat and the individual members thereof, M. J. Beckwith and Z.. De Groat. The defendants admitted they were a partnership and their liability upon the note, and alleged by way of counter-claim that the attachment was wrongfully and maliciously…
1Opinion
UPON REHEARING.
Given, J.
I. One of the grounds upon which the .attachment was sued out was “that the defendants are about to remove permanently out of the county, and have property therein not exempt from execution, and "that they refuse to pay or secure the plaintiff.” The court instructed the jury that as neither Beckwith nor De Groat were residents of the county at the time the attachment was sued out, and as the plaintiff made no ■demand upon the defendants for payment or security after he took up the note and before the commencement of this action, said ground for the attachment *724was…
2Cases cited2 opinions
- Fitzgerald v. GrimmellSupreme Court of Iowa · 1884
- Blaul v. W. M. Tharp & Co.Supreme Court of Iowa · 1891