Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 98 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...the employes of the defendant, that the accident was caused by the negligent handling of the train, and by the failure of the defendant to fence its right of way, that the notice and affidavit contemplated by the statute, were served on an agent of the defendant, and that in consequense of its failure to pay the loss within thirty days from such service, the plaintiff is entitled to recover double the amount of his loss. The cause of action is stated as against the defendant, and there is no ground for claiming that the receiver is a party to the suit. He did not appear to it, and the only answer filed was in the name of the Omaha & St. Louis Railway Company. The charge of the court to the jury did not authorize a recovery against the receiver, and the case was tried throughout by the plaintiff on the theory that the railway company was liable; and the defendant, in its answer, and by motions and requests for instructions, denied liability, and insisted that the statutory notice was not served upon any of its agents, but upon an agent of the receiver, and that a cause of action against it had not been shown. Therefore, the defendant has not waived its right to insist upon the objections now made. So far as we are advised, the railway of the defendant was being operated by the receiver when this cause was tried in the district court, and nothing to make the defendant responsible for liabilities incurred by the receiver is shown. The judgment of the district court is REVERSED. 'E. A. Richards, et al., v. The Schreiber, Conchar & Westphal Company, et al., Appellants. Fraudulent Conveyance: Participation By Creditor. A mort 1 gage given by a debtor, to hinder and delay his creditors, to the 2 knowledge of the mortgagee, and taken in part to...