Engbretson v. Seiberling
Supreme Court of Iowa
Appeal from Winneshiek District Court.- — Hon. L. E. Eel-lows, Judge. Action to enjoin tbe enforcement of an execution beld by W. H. Carter, assignee of J. E. Seiberling & Co., on tbe ground tbat tbe judgment on wbicb tbe execution issued had been fully satisfied. On tbe trial plaintiff’s petition was dismissed for want of equity, and judgment rendered for defendants, from wbicb plaintiff appeals.
1Opinion of the CourtMcClain, J.
It appears from tbe allegations of plaintiff’s petition, wbicb are in accordance with tbe evidence introduced on tbe trial, that J. F. Seiberling & Co., being tbe owners of a judgment recovered by them against this plaintiff for $256, accepted from such judgment debtor tbe sum of $65 in cash and bis promissory note for $25, in full satisfaction of said judgment. J. F. Seiberling & Co. subsequently assigned the judgment to W. H. Carter, who caused execution to issue thereon. It is further averred and proved tbat at the time tbe agreement-was made to accept the partial payment in full…
2Cases cited10 opinions
- Curtiss v. MartinIllinois Supreme Court · 1858
- Hinckley v. AreySupreme Judicial Court of Maine · 1847
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Pearson v. ThomasonSupreme Court of Alabama · 1849
- Pettigrew Machine Co. v. HarmonSupreme Court of Arkansas · 1885
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3Cited by10 opinions
- Melroy v. KemmererSupreme Court of Pennsylvania · 1907
- Frye v. HubbellSupreme Court of New Hampshire · 1907
- Willis v. City Nat. Bank of GalvestonCourt of Appeals of Texas · 1925
- Cartan & Jeffrey v. Wm. Tackaberry Co.Supreme Court of Iowa · 1908
- Diehl v. McKinnonSupreme Court of Iowa · 1915
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