McGowan v. Myers
Supreme Court of Iowa
Appeal from, Davis District Court. This is a controversy among the creditors of the defendant, T. B. Myers, an insolvent, as to the distribution of the proceeds of the sale of a stock of goods in the hands of a receiver, who, under the appointment of the court, took possession of the goods and disposed of them. The receiver was appointed on the petition of certain creditors.
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Appeal from, Davis District Court. This is a controversy among the creditors of the defendant, T. B. Myers, an insolvent, as to the distribution of the proceeds of the sale of a stock of goods in the hands of a receiver, who, under the appointment of the court, took possession of the goods and disposed of them. The receiver was appointed on the petition of certain creditors. Certain other creditors, by leave of the judge of the court, garnished the receiver, and filed a petition of intervention in the action, claiming priority over other creditors by reason of said garnishment, and by reason…
1Opinion of the CourtNothrock, J.
I. The pleadings in the case dislose the following state of facts: Myers leased a store-room of the plaintiffs, McGowan and A. H. and William Hill, for the term of two years, and took possession thereunder on the first of November, 1882, and put a general stock of merchandise therein. He mortgaged the stock of goods to Bradley’s Bank and to William J. Law and to A. W. Mendenhall. The mortgages became due, and Bradley’s Bank and William J. Law took possession of the goods, and were proceeding to foreclose the mortgages. Thereupon the plaintiffs commenced this action, claiming that the rent due…
2Cases cited2 opinions
- Field v. JonesSupreme Court of Georgia · 1852
- Taylor v. GilleanTexas Supreme Court · 1859
3Cited by5 opinions
- Parsons v. Rinard Grain Co.Supreme Court of Iowa · 1919
- Brandt v. AllenSupreme Court of Iowa · 1888
- Ewing v. Ewing Planing Mill Co.Supreme Court of Iowa · 1918
- Rockland Savings Bank v. AldenSupreme Judicial Court of Maine · 1907
- Newell v. EdwardsSupreme Court of Iowa · 1929