Wurtz, Austin & McVeigh v. Hart
Supreme Court of Iowa
Appeal from Johnson District Court IN equity. The bill charges that Gower & Son, on the 20th of June, 1860, pretended to make a general assignment of all their property to Anson Hart, for the benefit of their creditors; that Hart accepted the trust, and is proceeding to execute the same; that, at the time of such assignment, petitioners were creditors of said Gower & Son, and have filed their claims with said assignee, within the time, and in the manner prescribed by the…
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Appeal from Johnson District Court IN equity. The bill charges that Gower & Son, on the 20th of June, 1860, pretended to make a general assignment of all their property to Anson Hart, for the benefit of their creditors; that Hart accepted the trust, and is proceeding to execute the same; that, at the time of such assignment, petitioners were creditors of said Gower & Son, and have filed their claims with said assignee, within the time, and in the manner prescribed by the statutes of this State; that said Gower & Son had at the time, other property not passed to the assignee, but the same had…
1Opinion of the CourtWeight, J.
We find no arguments in the cause, and are left to infer the positions assumed by respondents, from the causes set forth in the motion and demurrer.
It is there assigned that the petition shows another action pending in the United States District Court, and that petitioners are not entitled to this action at the same time. The pendency of such other action, however, is by no means a necessary bar to this. It is not suggested that an injunction was granted in that case to restrain the assignee from paying money received by him, from time to time, to the creditors, nor that the respondents…
2Cases cited1 opinion
- Dickson v. ChornSupreme Court of Iowa · 1858
3Cited by27 opinions
- Chemical Nat. Bank v. ArmstrongCourt of Appeals for the Sixth Circuit · 1893
- In re BatesIllinois Supreme Court · 1886
- Eways v. Governor's IslandSupreme Court of North Carolina · 1990
- Charles P. Kellogg & Co. v. MillerOregon Supreme Court · 1892
- Allen v. DanielsonSupreme Court of Rhode Island · 1887
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