Legal Opinion

Webster City Grocery Co. v. Losey & Doty

Supreme Court of Iowa

Decided January 27, 1899PublishedCited by 2 opinions

Appeal from Butler District Court. — HoN. J. F. Clyde, Judge. On tbe- twenty-fourth, day of December, 189J, Losey & Doty, co-partners doing business at Parkersburg, -Iowa, executed and delivered a chattel mortgage upon their stock of goods, merchandise, and fixtures, for three thousand two hundred and thirty-two dollars and fifty-nine cents, to the Beaver Valley State Bank of Parkersburg, Iowa, to secure the payment of a certain promissory note held by the bank against them…

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Appeal from Butler District Court. — HoN. J. F. Clyde, Judge. On tbe- twenty-fourth, day of December, 189J, Losey & Doty, co-partners doing business at Parkersburg, -Iowa, executed and delivered a chattel mortgage upon their stock of goods, merchandise, and fixtures, for three thousand two hundred and thirty-two dollars and fifty-nine cents, to the Beaver Valley State Bank of Parkersburg, Iowa, to secure the payment of a certain promissory note held by the bank against them for that amount, with interest at 8 per cent. The mortgage was filed for record December 26, 1894. On the twenty-seventh…

1Opinion of the Court

GRANGER, J. — I.

1 It will be remembered that, after the writ of attachment was in the hands of the sheriff, the Smith, Lichty & Hillman Company obtained an assignment of the Bearer Valley State Bank mortgage, and gave the same to the sheriff for foreclosure, and the sheriff took possession of the goods by virtue of the mortgage, and closed the store.. He then, by order of the Smith, Lichty & Hillman Company, levied the attachment on part of the stock of goods, and it appears that he set them in the front part of the store,, and on the same day notices were posted for the foreclosure of the…

2Cases cited2 opinions

  1. Cochrane v. RichMassachusetts Supreme Judicial Court · 1886
  2. Baumgartner v. VollmerIdaho Supreme Court · 1897

3Cited by2 opinions

  1. Perkins v. Great Western Accident Ass'nSupreme Court of Kansas · 1915
  2. Stein v. McAuleySupreme Court of Iowa · 1910

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