Henry Geiershofer & Co. v. Nupuf
Supreme Court of Iowa
Appeal from Polh District Court. — I-Ion. W. F. Conrad,.. J udge. In September, 1895, Nupúf commenced business in Des--Moines as a clothing merchant. He was then indebted toBurgunder Bros. & Co. and to Mrs. Friedenberg, some clerks in his employ, and others. On September 9, 1895, he gave to-Mrs. Friedenberg a chattel mortgage on his stock of goods, which was filed for record at 1:45 p. m. of that day.
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Appeal from Polh District Court. — I-Ion. W. F. Conrad,.. J udge. In September, 1895, Nupúf commenced business in Des--Moines as a clothing merchant. He was then indebted toBurgunder Bros. & Co. and to Mrs. Friedenberg, some clerks in his employ, and others. On September 9, 1895, he gave to-Mrs. Friedenberg a chattel mortgage on his stock of goods, which was filed for record at 1:45 p. m. of that day. He also-gave a mortgage to his clerks to secure the amounts due them,. which was filed for record at 1:48 p. m. of that day. On the-same day Burgunder Bros. & Co. commenced suit by attachment,…
1Opinion of the CourtGranger, J.
1 A little sifting will bring more clearly "to view tbe questions to be considered. Tbe decree is not now ■questioned, in so far as it provides for tbe payment, first, of tbe clerks, as mortgagees. Mrs. Friedenberg does not appeal, and hence tbe judgment is conclusive as to her. Tbe amounts due tbe clerks, who are to be paid first, added to tbe amount due Burgunder Bros. & Co., is more than tbe amount in tbe bands of the receiver, so that, under 'the decree, there could be nothing for plaintiff, which is likely the reason for denying to it any claim on tbe money. It will now be seen that tbe…
2Cases cited2 opinions
- Thomas v. Farley Manufacturing Co.Supreme Court of Iowa · 1888
- Haydock v. PattonSupreme Court of Iowa · 1894