Mehlhop v. Ellsworth
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. D. li. Hind-man, Judge. Suit in equity, by plaintiffs, as judgment creditors of one O. J. Smith, to set aside a certain chattel mortgage executed by Smith to defendant Ellsworth. K demurrer to the answer was overruled, and, plaintiffs refusing to plead further, judgment and decree were rendered dismissing the petition, and plaintiffs appeal*
1Opinion of the CourtDeemer, J.
Plaintiffs, in their petition, allege in substance that they are judgment creditors of one O. J. 'Smith for goods and merchandise sold Smith in May and November, 1892; that in April, 1891, Smith executed to defendant Ellsworth a chattel mortgage on his stock of goods, under an agreement that it should be withheld from the records, so that Smith could buy goods on credit; that the mortgage was so withheld from record until May 25, 1892, when it was filed for record; that plaintiffs had no knowledge of the existence of the mortgage, and would not have sold Smith goods on credit had they known…
2Cases cited6 opinions
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Hamilton-Brown Shoe Co. v. MercerSupreme Court of Iowa · 1892
- Schaller v. WrightSupreme Court of Iowa · 1886
- Falker v. LinehanSupreme Court of Iowa · 1893
- Cahalan v. Van SantSupreme Court of Iowa · 1893
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3Cited by8 opinions
- Hubbard v. TodSupreme Court of the United States · 1898
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- Crary v. KurtzSupreme Court of Iowa · 1906
- Hansen's Empire Fur Factory v. TeaboutSupreme Court of Iowa · 1898
- Lamson v. Towle-Jamieson Investment Co.Supreme Court of Minnesota · 1932
3 more not listed; retrieve them via the Exa API.