Legal Opinion

Second National Bank v. Lanin

Supreme Court of Iowa

Decided March 24, 1914PublishedCited by 1 opinion

Appeal from Chickasaw District Court. — Hon. A. N. Hobson, Judge. Action upon a promissory note. An attachment was sued out and levied upon certain money and some securities, and the Darrow Trust & Savings Bank and one Condon were garnished. Defendants gave bond, and the attachments were released. Later they filed an answer, and also a counterclaim for the wrongful suing out of the attachment.

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Appeal from Chickasaw District Court. — Hon. A. N. Hobson, Judge. Action upon a promissory note. An attachment was sued out and levied upon certain money and some securities, and the Darrow Trust & Savings Bank and one Condon were garnished. Defendants gave bond, and the attachments were released. Later they filed an answer, and also a counterclaim for the wrongful suing out of the attachment. On the issue joined the case was tried to a jury, resulting in a verdict for the plaintiff in the sum of $278.57, thus in effect allowing defendants about $170 as damages on the counterclaim, and the…

1Opinion of the CourtDeemer, J.

The action was upon a note for the sum of $400, signed by both defendants, and payable to the plaintiff bank. The defendants admitted the execution of the note, and pleaded tender of the amount due, with interest, attorney’s fees, and costs, to the clerk. The ground for the *514attachment was: “That defendant J. J. Lanin is about to convert his property into money for the purpose of placing it beyond the reach of his creditors.” A writ issued on this petition, which was served by garnishing the Darrow Trust & Savings Bank and M. F. Conrad. The defendants’ tender ivas made after the attachment was…

2Cases cited2 opinions

  1. Waltham Piano Co. v. FreemanSupreme Court of Iowa · 1913
  2. McKern v. City of AlbiaSupreme Court of Iowa · 1886

3Cited by1 opinion

  1. Soesbe v. LinesSupreme Court of Iowa · 1917

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