Legal Opinion

Hamilton Buggy Co. v. Iowa Buggy Co.

Supreme Court of Iowa

Decided May 20, 1893PublishedCited by 9 opinions

Appeal from Polio District Court. — Hon. S. F. Balliet, Judge. Action by attachment wherein one Cook was garnished as a debtor- of the defendant, the Iowa Buggy Company. The Western Mining and Investment Company intervened, claiming to be the owner of the defendant’s claim against Cook under an assignment made prior to the attachment. The - plaintiff alleged that said assignment was fraudulent. There was a verdict and judgment for the plaintiff, and the intervenor appeals.

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Appeal from Polio District Court. — Hon. S. F. Balliet, Judge. Action by attachment wherein one Cook was garnished as a debtor- of the defendant, the Iowa Buggy Company. The Western Mining and Investment Company intervened, claiming to be the owner of the defendant’s claim against Cook under an assignment made prior to the attachment. The - plaintiff alleged that said assignment was fraudulent. There was a verdict and judgment for the plaintiff, and the intervenor appeals. The facts are stated in the opinion.

1Opinion of the CourtKinne, J.

The plaintiff commenced an action by attachment against the defendant, claiming about two thousand, eight hundred dollars, and on October 25, 1890, caused one Cook to .be garnished therein. December 20, 1890, Cook answered as garnishee, denying any indebtedness to the defendant, and averring that he had been indebted to the defendant in October, 1890, about one thousand, eight hundred dollars; that on October 10,1890, he received from the defendant a written notice of. the assignment of said debt to the intervenor. January 7, 1891, the Western Mining & Investment Company filed a petition of…

2Cases cited5 opinions

  1. Tomblin v. BallSupreme Court of Iowa · 1877
  2. Betts v. City of GlenwoodSupreme Court of Iowa · 1879
  3. Union Building Ass'n v. Rockford InsuranceSupreme Court of Iowa · 1891
  4. Brigham & Co. v. RetelsdorfSupreme Court of Iowa · 1887
  5. Vanderberg v. CampSupreme Court of Iowa · 1885

3Cited by9 opinions

  1. Hill v. City of GlenwoodSupreme Court of Iowa · 1904
  2. Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
  3. Schaller & Son v. MarkerSupreme Court of Iowa · 1907
  4. Feister v. KentSupreme Court of Iowa · 1894
  5. Union County Investment Co. v. MessixSupreme Court of Iowa · 1911

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