Cooper v. Erickson

• Decision Date: 24 November 1931
• Docket Number: No. 40997.,40997.
• Citation: 239 N.W. 90
• Parties: L. E. COOPER, RECEIVER OF FARMERS' BANK OF BRUNSVILLE, IOWA, PLAINTIFF AND APPELLANT, v. HANS ERICKSON AND IDA ERICKSON, DEFENDANTS AND APPELLEES, AND J. G. MILLER, INTERVENER AND APPELLANT.
• Court: Iowa Supreme Court

239 N.W. 90

L. E. COOPER, RECEIVER OF FARMERS' BANK OF BRUNSVILLE, IOWA, PLAINTIFF AND APPELLANT,

v.HANS ERICKSON AND IDA ERICKSON, DEFENDANTS AND APPELLEES, AND J. G. MILLER, INTERVENER AND APPELLANT.

No. 40997.

Supreme Court of Iowa.

Nov. 24, 1931.

Appeal from District Court, Plymouth County; C. C. Bradley, Judge.

The plaintiff, first having been duly appointed receiver of the Farmers' Bank of Brunsville, brought this action against Hans Erickson on the theory that he was a partner and therefore personally liable to the creditors of the bank for partnership debts. Ida Erickson, plaintiff claimed, had received from the alleged partner Hans Erickson certain real estate without consideration, and in fraud of the bank's creditors. Hence, the plaintiff sought to set aside that conveyance. J. G. Miller, the intervener, claimed to have assignments from certain of said partnership creditors, and therefore asked: First, for judgment against Hans Erickson on those claims; and, second, that the land conveyed to Ida Erickson be subjected to the payment of those debts. Hans Erickson and Ida Erickson filed one motion to dismiss the petition of intervention, and another to dismiss the plaintiff's petition. These motions were sustained and judgment entered accordingly. Therefore, the plaintiff and intervener appeal.

Affirmed.Roseberry & Roseberry, of Le Mars, for plaintiff-appellant.

J. T. Keenan, of Le Mars, for intervener-appellant.

Nelson Miller, of Le Mars, and Henderson, Hatfield & Wadden, of Sioux City, for appellees.

KINDIG, J.

This was a proceeding brought by the plaintiff-appellant, as receiver of the Farmers' Bank of Brunsville, Iowa, a copartnership, to obtain in behalf of partnership creditors: First, a judgment against Hans Erickson, the defendant-appellee, on his general partnership liability; and, second, a judgment canceling, nullifying, and setting aside a conveyance of real estate from the appellee Hans Erickson to the defendant-appellee Ida Erickson, on the theory that the same is without consideration and fraudulent.

In the case of L. E. Cooper, Receiver of Farmers' Bank, Brunsville, Iowa, Plaintiff and Appellant, v. Hans Erickson and Anna Erickson, Defendants and Appellees, and J. G. Miller, Intervener and Appellant, 239 N. W. 87, decided at the current term of this court, a similar question was determined. That case is decisive of the controversy here involved. A repetition of the discussion in the former case, therefore, can...