Jones v. Hetherington
Supreme Court of Iowa
Appeal from Mahaska District Court. One A. H. Leake being the owner of a stock of merchant dise, sold the same to J. 0. Jones; the plaintiff herein. At the time of the sale Leake was indebted to the defendants in .considerable sums of money. After the sale the defendants commenced suits in attachment against Leake and levied on the stock of merchandise. Plaintiff brought this action in replevin, claiming to be the owner under his purchase.
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Appeal from Mahaska District Court. One A. H. Leake being the owner of a stock of merchant dise, sold the same to J. 0. Jones; the plaintiff herein. At the time of the sale Leake was indebted to the defendants in .considerable sums of money. After the sale the defendants commenced suits in attachment against Leake and levied on the stock of merchandise. Plaintiff brought this action in replevin, claiming to be the owner under his purchase. The defendants claim that the sale was void, because it was made to hinder, delay and defraud the creditors of Leake. There was a trial by jury, verdict…
1Opinion of the CourtRothrock, J.
Upon the question as to the fraudulent character of the sale the court instructed the jury as follows:
l. pkato: vendee:mdor. . “ 3. To successfully maintain. the claim made that the alleged purchase by plaintiff was fraudulent as to the creditors of Leake, the alleged owner of the goods, the defendant must satisfy you: First, that Leake made the alleged sale with the intent to hinder and delay, or cheat and defraud his creditors. Second, that the plaintiff knew of such intent or had such knowledge as wonld have put a man of ordinary care and prudence upon his inquiry, which would have led to…
2Cases cited1 opinion
- Zuver v. LyonsSupreme Court of Iowa · 1875
3Cited by15 opinions
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
- Steinfort v. LanghoutSupreme Court of Iowa · 1915
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- Ford v. OttSupreme Court of Iowa · 1917
- Williams Savings Bank v. MurphySupreme Court of Iowa · 1935
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