Hughes v. Monty
Supreme Court of Iowa
Appeal from Winneshiek District Court. The defendant was attached as garnishee in the suit of this plaintiff against one H. A. Cleghorn. The defendant herein, D. C. Monty, made his answer as such garnishee, in which he denied having any money or property belonging to Cleghorn, or being indebted to him.
Read the full summary
Appeal from Winneshiek District Court. The defendant was attached as garnishee in the suit of this plaintiff against one H. A. Cleghorn. The defendant herein, D. C. Monty, made his answer as such garnishee, in which he denied having any money or property belonging to Cleghorn, or being indebted to him. But he stated, that he had then recently purchased of Cleghorn a stock of goods for a little over $9,000, on which he paid $3,200, and gave his several notes to Cleghorn or bearer, payablé at different times for the balance, and that he did not know who held the notes. The plaintiff filed a…
1Opinion of the CourtCole, J.
1. fraudulent veríoy ofSv¿ñedge of vendee, The only questions made in this ease arise upon the instructions given and refused. The first in-struction objected to, as given by the court, was as follows: “ 3d. If you find from the evidence that defendant had knowledge of Cleghorn’s insolvent circumstances when he purchased the goods, and that Cleghorn’s object in making the sale was to hinder and delay his creditors, then the plaintiff is entitled to recover.” If the court intended by this instruction to say to the jury that if defendant had knowledge of Cleghorn’s insolvency, and also had…
2Cases cited2 opinions
- Chase v. FosterSupreme Court of Iowa · 1859
- Timmons v. JohnsonSupreme Court of Iowa · 1863
3Cited by11 opinions
- Koerner v. StateIndiana Supreme Court · 1884
- Hall v. Incorporated Town of MansonSupreme Court of Iowa · 1894
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Baughman v. PennSupreme Court of Kansas · 1885
- People v. MessersmithCalifornia Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.