Des Moines Packing Co. v. Uncaphor
Supreme Court of Iowa
Appeal from Boone District Court.- — R. M. Wright, Judge. This is a garnishment proceeding. In the main action, the appellee obtained judgment by default against Chas. Uneaphor. Plaintiff caused a writ of attachment to issue, and appellant, G. F. Dyson, was garnished thereunder as a supposed debtor of the said Uncaphor.
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Appeal from Boone District Court.- — R. M. Wright, Judge. This is a garnishment proceeding. In the main action, the appellee obtained judgment by default against Chas. Uneaphor. Plaintiff caused a writ of attachment to issue, and appellant, G. F. Dyson, was garnished thereunder as a supposed debtor of the said Uncaphor. The plaintiff claims that Dyson, the garnishee, is liable because of the sale by Uncaphor, the principal defendant, to Dyson of a stock of goods without giving notice to his creditors, as provided in Chapter 150, Acts of the Thirty-fourth General Assembly, now Sections 2911-a…
1Opinion of the CourtPreston, J.
Sales: Bulk Sales Act: bona fide sales', failure to give statutory notice: effect. There is no dispute in the facts. On and prior to November 22, 1912, the garnishee, Dyson, was running a grocery business by himself at Boone, Iowa, and the principal defendant, Uncaphor, was running a retail butcher business by himself in the same room. The answer of the garnishee is that, on that date, he claims to have bought Uncaphor out, under an agreement that appellant was to have enough out of the business to pay Uncaphor’s debt to him, and Uncaphor was to have the rest. Dyson had stood good to two…
2Cases cited10 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Sampson v. Brandon Grocery Co.Supreme Court of Georgia · 1907
- Hollingsworth v. HolbrookSupreme Court of Iowa · 1890
- Taylor v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
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3Cited by10 opinions
- Harvey v. PhillipsSupreme Court of Iowa · 1922
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- Herzig v. Commercial State BankCourt of Appeals for the Tenth Circuit · 1937
- Gorman v. HellbergSupreme Court of Iowa · 1921
- State v. Eagle Petroleum CompanySupreme Court of Iowa · 1967
5 more not listed; retrieve them via the Exa API.