Ayres, Weatherwax & Reed Co. v. Dorsey Produce Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. G. W. Wakefield, Judge. The Dorsey Produce Company, of Geneva, N. Y., sold to Ho well-Warfield Company, of Sioux City, ten barrels of berries, and drew on the latter company for the purchase price in favor of the First National Bank, of Geneva, which bank advanced the entire amount, and received the bill of lading of the berries as security for the money paid.
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Appeal from Woodbury District Court. — Hon. G. W. Wakefield, Judge. The Dorsey Produce Company, of Geneva, N. Y., sold to Ho well-Warfield Company, of Sioux City, ten barrels of berries, and drew on the latter company for the purchase price in favor of the First National Bank, of Geneva, which bank advanced the entire amount, and received the bill of lading of the berries as security for the money paid. Upon the arrival of the berries in Sioux City, though before their delivery, the plaintiff began suit, aided by attachment, against the Dorsey Produce Company, and caused the railroad company…
1Opinion of the CourtLadd, J.
1 2 In an action brought upon a delivery bond, the defense is sufficient if it be shown that, at the time of the levy of the writ of attachment, the property belonged to some person other than the defendant. Section 2998 of the Code. In this case, the answer alleges that the berries released by the execution of the bond were, at the time of the levy, the property of the First National Bank of Geneva, N. Y., and not of the defendant in the attachment proceedings. The district court so found. The plaintiff insists that the bank did not, and could not, become the owner thereof. The bank took the…
2Cases cited4 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Garden Grove Bank v. Humeston & Shenandoah R'y Co.Supreme Court of Iowa · 1885
3Cited by8 opinions
- First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
- Hamilton v. Jos. Schlitz Brewing Co.Supreme Court of Iowa · 1905
- Anchor Mill Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
- Blair v. FritzSupreme Court of Iowa · 1913
- Mitchell v. McLeodSupreme Court of Iowa · 1905
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