Legal Opinion
American & Co. v. Frank
Supreme Court of Iowa
Decided December 6, 1883PublishedCited by 4 opinions
Appeal from Polla Circuit Court. The plaintiff commenced an action against tbe defendants, and caused to be attached a certain stock of goods. Ren Oo-lieu intervened in the action, and claimed that be was entitled to the possession of tbe attacked property, under a general assignment of Frank and Son for tlie benefit of creditors. The cause was tried to the court, and judgment was rendered in favor of tbe intervenor. The plaintiff ajipeals.
1Opinion of the Court
Day, Ch. J.
The court found the facts of the case to he as follows: “1. That the assignee, at the request of Frank & Son, consented to accept the trust between seven and eight o’clock a. h., November 7, 1881.
*203“ 2. That Erank & Son, in contemplation of insolvency, duly executed and acknowledged a general assignment for the benefit of all their creditors, after eight and before nine o’clock a. M. of said day.
“ 3. That said assignment was filed for record by the attorney of Erank & Son, on the direction of the assignee to do whatever was necessary to perfect the assignment, at fifty-three minutes…
2Cases cited2 opinions
- Price v. ParkerSupreme Court of Iowa · 1860
- Hall v. WheelerIndiana Supreme Court · 1859
3Cited by4 opinions
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- Munson v. FrazerSupreme Court of Iowa · 1887
- Miller v. WaiteNebraska Supreme Court · 1899
- Singer & Co. v. ArmstrongSupreme Court of Iowa · 1889