PADZENSKY v. KINZENBAW

No. 83-198.

343 N.W.2d 467 (1984)

Linda PADZENSKY, Appellee, v. David R. KINZENBAW, d/b/a D & D Hydroair, Inc., Defendant, Tom Riley Law Firm, A Professional Corporation, Appellant, and Darold A. Solbrig, Intervenor.

Supreme Court of Iowa.

January 18, 1984.


Attorney(s) appearing for the Case

Tom Riley and Peter C. Riley of the Tom Riley Law Firm, Cedar Rapids, for appellant.

John R. Ehrhart, Cedar Rapids, for appellee.

Considered by UHLENHOPP, P.J., and McGIVERIN, LARSON, SCHULTZ and WOLLE, JJ.


SCHULTZ, Justice.

The question here is whether an assignment of a cash appearance bond was an absolute transfer or one intended to create a security interest. The district court held that the assignment, absolute on its face, was intended to create a security interest. It further ruled that a judgment lien creditor had priority over the assignee, under Iowa Code section 554.9301(1)(b) since the assignment was never perfected. We disagree and reverse.

The defendant...

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