Carpenter v. Knapp
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. A. S. Blair, Judge. Plaintiff on February 17, 1894, commenced Ms action against the defendants, aided by attachment, in which he sought to recover some twenty-four thousand dollars. The attachment was levied by garnishing the Equitable Life and Endowment Association of Waterloo, Iowa, as a supposed debtor of the defendant, Clarence C. Knapp. Defendants filed an answer in denial.
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Appeal from Black Hawk District Court. — Hon. A. S. Blair, Judge. Plaintiff on February 17, 1894, commenced Ms action against the defendants, aided by attachment, in which he sought to recover some twenty-four thousand dollars. The attachment was levied by garnishing the Equitable Life and Endowment Association of Waterloo, Iowa, as a supposed debtor of the defendant, Clarence C. Knapp. Defendants filed an answer in denial. Thereafter W. H. Knapp intervened in said action, claiming to be the owner of the funds in the hands of the garnishee. Plaintiff, in an answer to the intervener’s…
1Opinion of the CourtKinne, C. J.
1 2 *7254 *723Counsel have exhaustively and ably argued many interesting questions arising upon this record. In our view, however, the controlling question in the case is, as to the right of Clarence C. Knapp to assign the certificate to the intervener. If he had no such right, then it is clear, that intervener is not entitled to the fund in controversy. We proceed, therefore, to a consideration of that question. At the outset it should be said, that the object of the association, as stated in its articles of incorporation, is “benevolent and mutual assistance among its members and their families, or…
2Cases cited22 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
- Presbyterian Mutual Assurance Fund v. AllenIndiana Supreme Court · 1886
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3Cited by27 opinions
- Supreme Council of Royal Arcanum v. BehrendSupreme Court of the United States · 1918
- Delaney v. DelaneyIllinois Supreme Court · 1898
- Pain v. Société St. Jean BaptisteMassachusetts Supreme Judicial Court · 1899
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
- Townsend v. Fidelity & Casualty Co.Supreme Court of Iowa · 1913
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