Malanaphy v. Fuller & Johnson Mfg. Co.
Supreme Court of Iowa
Appeal from Wirmeshiek District Court.— Hon. L. F. Fel- . lows, Judge. • Action in equity to restrain the enforcement of a judgment at law under execution. The action was commenced by M. J. Malanaphy and James Daly, formerly partners under the firm name of Malanaphy & Daly, and as. such doing business at Decorah, this State, as dealers in farm implements.
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Appeal from Wirmeshiek District Court.— Hon. L. F. Fel- . lows, Judge. • Action in equity to restrain the enforcement of a judgment at law under execution. The action was commenced by M. J. Malanaphy and James Daly, formerly partners under the firm name of Malanaphy & Daly, and as. such doing business at Decorah, this State, as dealers in farm implements. Before the trial the said Malanaphy died intestate, and Mary A. Malanaphy, administratrix of his estate, was substituted as plaintiff. The material facts are not seriously in dispute. On June 20, 1889, the firm of Malanaphy & Daly was…
1Opinion of the CourtBishop, J.
1. promise to pay another rights of creditors. The contention of plaintiffs in the court below was that the release of Christen from all further liability upon the judgment now sought to he enforced operated ipso facto to release both Malanaphy and Daly, and such is the argument in this court. A correct understanding of the relations of the several parties, each to the other, will serve to make clear the proper determination of the question thus presented. The defendant company having refused to accept of a note signed by Christen & Gilbertson in payment of the note held by'it against…
2Cases cited13 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Johnson v. KnappSupreme Court of Iowa · 1873
- Corbett v. WatermanSupreme Court of Iowa · 1860
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Treadway v. Western Cotton Oil & Ginning Co.Arizona Supreme Court · 1932
- Conold v. SternOhio Supreme Court · 1941
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Merriman v. Maryland Casualty Co.Washington Supreme Court · 1928
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