Seymour v. Aultman
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. S. M_ Weaver, Judge. Action to recover commissions alleged to be due from defendants to Parks Bros., and which, it is claimed, were-. verbally assigned to plaintiffs in part payment of an indebt- ■ edness due them from said Parks Bros.
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Appeal from Franklin District Court. — Hon. S. M_ Weaver, Judge. Action to recover commissions alleged to be due from defendants to Parks Bros., and which, it is claimed, were-. verbally assigned to plaintiffs in part payment of an indebt- ■ edness due them from said Parks Bros. There was a general denial of plaintiffs’ claim; an affirmative defense that plaintiffs are non-resident receivers, and as snob were not entitled to mintain tbe action; and a further claim that before the commencement of this action the debt owing by defendants to- Parks Bros, was subjected to the payment of a…
1Opinion of the Court
DeeMee, JV
There are two or three preliminary questions to be settled before going to the merits.
I. It is insisted that plaintiffs are foreign receivers, and therefore have no right to sue in the courts of this state. The record shows, however, that plaintiffs were 1 appointed ancillary receivers by the district court of Polk county, and duly qualified by giving bond pursuant to the order of the court appointing them. Under such a state of facts, it will be presumed that they took the requisite oath. Nelson v. People, 23 N. Y. 293; Dayton v. Johnson, 69 N. Y. 419.
II. Again, it is insisted that…
2Cases cited14 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
- Metcalf v. KincaidSupreme Court of Iowa · 1893
- Howe & Co. v. JonesSupreme Court of Iowa · 1881
- Moore v. LowreySupreme Court of Iowa · 1868
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3Cited by12 opinions
- Dolph v. CrossSupreme Court of Iowa · 1911
- Durant Elevator Co. v. S. J. Hoffman & SonsSupreme Court of Iowa · 1966
- Engeldinger v. Swift & Co.Supreme Court of Iowa · 1930
- Smith v. HarrisCalifornia Court of Appeal · 1954
- Commercial State Bank v. PierceSupreme Court of Iowa · 1916
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