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 of the CourtGtven, J.
I. One of the grounds upon which the attachment was sued out was, 1 ‘that the defendants 1. Attachment: removal of debtor from county: partnership: residence. are about to remove permanently out of the county, and have property therein not exempt from execution, and that they refuse -fco 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…
2Cases cited6 opinions
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Fitzgerald v. GrimmellSupreme Court of Iowa · 1884
- Lowenstein v. MonroeSupreme Court of Iowa · 1880
- State v. LyonSupreme Court of Iowa · 1860
- Kimball v. BryanSupreme Court of Iowa · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McLaughlin Brothers v. HallowellSupreme Court of the United States · 1913
- John Bollman Co. v. S. Bachman & Co.California Court of Appeal · 1911
- Hanson v. BirminghamDistrict Court, N.D. Iowa · 1950
- State v. KieferSupreme Court of Iowa · 1917
- Argus v. Ware & LelandSupreme Court of Iowa · 1912
8 more not listed; retrieve them via the Exa API.