81 Iowa 238 | Iowa | 1890
The garnishee complains of these instructions. In our opinion, they are correct expressions of the law. It cannot be doubted that, “if Wagner did not assent nor agree to the making of the bill of sale for the payment of the private debt of Martin,” it is void as to that debt, and the garnishee can claim no protection under the bill of sale, so far as it is based upon Martin’s individual debt as a consideration. If, for any reason, Wagner’s signature was had to the bill of sale without his assent to the conveyance of firm property for Martin’s individual debt, the instrument is without effect, so far as payment of that individual debt is concerned. If its execution by Wagner was procured without such assent, it was an actual fraud, which would avoid the instrument, so far at least, as the property conveyed in payment of Martin’s debt was concerned ; and the garnishee, under such circumstances, could not claim
This discussion covers and disposes of all questions in the case. The judgment of the district court, is AEEIRMED.