Kerr v. Kennedy
Supreme Court of Iowa
Appeal from Iiumbolt District Court. — Hon. W. B. Quarton, Judge. Plaintive acted as attorney for Kennedy in collecting a claim of $2,000 against a railroad company, and thereafter recovered judgment against said Kennedy for the services thus performed. Under an execution issued upon this judgment, garnishment proceedings were instituted against Edgington.
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Appeal from Iiumbolt District Court. — Hon. W. B. Quarton, Judge. Plaintive acted as attorney for Kennedy in collecting a claim of $2,000 against a railroad company, and thereafter recovered judgment against said Kennedy for the services thus performed. Under an execution issued upon this judgment, garnishment proceedings were instituted against Edgington. The answers of the garnishee developed the fact that the money ($2,000) received from the railroad company did not pass through the attorney’s hands, but was paid directly to the defendant. It further appeared that, about the time the…
1Opinion of the CourtWeaver, J.
It will be observed that plaintiff’s claim against the garnishee is based upon two propositions: (1) That the agreement of defendant to pay forty per cent, of the amount recovered from the railroad company operated as an equitable assignment of that proportion of the fund afterward deposited with the garnishee, and that the latter received the deposit with notice thereof; and (2) that, if no equitable assignment be found, there is nevertheless such a showing of fraud in the transaction between defendant and the garnishee as will enable the plaintiff to subject the money in his hands to the…
2Cases cited2 opinions
- Kohn Bros. v. Clement, Morton & Co.Supreme Court of Iowa · 1882
- Keehn v. KeehnSupreme Court of Iowa · 1902
3Cited by7 opinions
- Chalupa v. PrestonSupreme Court of Colorado · 1918
- First National Bank v. ProppSupreme Court of Iowa · 1924
- Dickinson v. DavisSupreme Court of Iowa · 1915
- Wagner v. Farmers Cooperative Elevator Co. (In re Wagner)District Court, N.D. Iowa · 1991
- Samuels v. Superior CourtCalifornia Court of Appeal · 1969
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