Doane & Co. v. Garretson
Supreme Court of Iowa
Appeal from Washington District Court. The plaintiffs, holding a judgment against one Ralph Dewey, seek by garnishment process to subject thereto certain property or credits of their debtor in the hands of the defendant. Defendant denies having in his hands property of Dewey, or being indebted to him in any amount. An issue is made by plaintiff upon this denial.
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Appeal from Washington District Court. The plaintiffs, holding a judgment against one Ralph Dewey, seek by garnishment process to subject thereto certain property or credits of their debtor in the hands of the defendant. Defendant denies having in his hands property of Dewey, or being indebted to him in any amount. An issue is made by plaintiff upon this denial. A trial and verdict was had, and a judgment thereon for $806.86 rendered against defendant, who appeals'to thi3 court. The other facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
1. chattel gamishmeit of mortgagee. I. It appears, that the defendant held a chattel mortgage upon a certain stock of groceries and queensware, which had been conveyed by a prior mortgage to another party. These instriiments were to secure certain debts of Dewey to the respective mortgagees.
Under these mortgages (acting both for himself and as agent of the other mortgagee), the defendant took possession of the goods. It is claimed, by plaintiffs, that the defendant is liable, upon the garnishment process, for any excess of the value of the goods over the amount of the two mortgages, and the…
2Cases cited1 opinion
- Torbert v. HaydenSupreme Court of Iowa · 1861
3Cited by12 opinions
- Garner v. CuttingSupreme Court of Iowa · 1871
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Furlong & Meloy v. North British & Mercantile InsuranceSupreme Court of Iowa · 1907
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Buck-Reiner Co. v. BeattySupreme Court of Iowa · 1891
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