97 Iowa 201 | Iowa | 1896
The defendant, C. G-. Anderson; was, for several years, engaged in the retail dry-goods, business, at Rock Rapids, in Lyon county. On the sixth day of January, 1892, he made a general assignment of all his property, for the benefit of all of Ms creditors, without preference. He commenced the business in the year 1884, or thereabouts. The plaintiffs are wholesale merchants, and in the year 1891, they sold goods on credit to Anderson. They claim that Anderson obtained credit for the goods, by fraudulent representations as to his ability to pay for them. And the evidence shows that when he made the assignment, he was indebted for goods purchased, in an amount far exceeding the value of the property then owned by Mm. We do not think it is necessary to state further facts in relation to the manner in which he obtained credit, nor as to the cause of his failure in business, for the reason, that we believe that the rights of the parties must be determined upon the facts connected with the ownership of the homestead.