Cooper v. Erickson

• Decision Date: 24 November 1931
• Docket Number: No. 40998.,40998.
• Citation: 239 N.W. 90
• Parties: L. E. COOPER, RECEIVER OF FARMERS' BANK OF BRUNSVILLE, IOWA, PLAINTIFF AND APPELLANT, v. HANS ERICKSON AND JOSEPHINE E. BOYSEN, 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 JOSEPHINE E. BOYSEN, DEFENDANTS AND APPELLEES, AND J. G. MILLER, INTERVENER AND APPELLANT.

No. 40998.

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. Josephine Boysen, 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 Josephine Boysen be subjected to the payment of those debts. Hans Erickson and Josephine Boysen 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 appeal involves the district court's ruling on two motions filed by the defendants and appellees, Hans Erickson and Josephine Boysen. One motion asks that the district court strike the petition of intervention filed by the intervener, J. G. Miller, appellant, on the theory that the latter attempted to commence an independent action rather than intervene in the original proceedings. The other motion requested that the district court dismiss the petition filed by L. E. Cooper, receiver of the Farmers' Bank of Brunsville, Iowa, plaintiff and appellant, for the reason that the pleading did not state a cause of action or show the receiver's authority to commence the suit.

So far as the law and facts are material, this case is identical with L. E. Cooper, Receiver of Farmers' Bank, Brunsville, Iowa, Plaintiff and Appellant, v. Hans Erickson and Anna Erickson, Defendants and Appellees, and J. G....