Wolcott v. Timberman
Supreme Court of Iowa
Appeal from General Term, First District (lee Ooit/nty). This is an equitable proceeding. Tbe District Court, upon a trial on tbe merits, dismissed plaintiff’s petition, and tbe General Term reversed that decision. Defendant appeals to this court.
1Opinion of the CourtBeok, J.
Tbe plaintiff and defendant, with others, were securities of one Lynch upon a promissory note, on wbicb judgment was rendered against them. Tbe other *456sureties were insolvent. In order to secure the plaintiff and defendant, on account of their liability on the judgment, Lynch delivered to them certain notes or claims against others, and transferred certain shares in two railroad corporations. They executed to Lynch a receipt for the claims and railroad stock, undertaking thereby to collect and convert the same into money, and apply the proceeds in payment of the judgment, and to return the…
2Cited by3 opinions
- Scofield v. MooreSupreme Court of Iowa · 1871
- Miller v. DuganSupreme Court of Iowa · 1873
- Leekley v. ShortSupreme Court of Iowa · 1933