Lormer v. Allyn
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. The plaintiff, Mary E. Lormer, brought this, her action in attachment, against the defendant, Allyn, and garnished the defendant, Kirk. The garnishee answered, showing that lie was in possession of certain personal property, as mortgagee of Allyn. One Barnard intervened, claiming certain accounts, which accounts both the plaintiff and Kirk claim passed to the latter under the mortgage.
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Appeal from Cerro Gordo District Court. The plaintiff, Mary E. Lormer, brought this, her action in attachment, against the defendant, Allyn, and garnished the defendant, Kirk. The garnishee answered, showing that lie was in possession of certain personal property, as mortgagee of Allyn. One Barnard intervened, claiming certain accounts, which accounts both the plaintiff and Kirk claim passed to the latter under the mortgage. The intervenor also claimed certain money collected on accounts of like character. There was’a trial to a jury, and verdict and judgment were rendered for the intervenor.…
1Opinion of the CourtAdams, J.
On the sixth day of September, 1882, the defendant, Allyn, was doing business as a grocer, and on that day he executed a chattel mortgage to Kirk, wherein he conveyed his stock of groceries. The mortgage also purported to convey “all books of account and rights of credits *726arising out of said business.” At that time Allyn’s books contained accounts against customers, and afterwards other accounts accrued for goods sold, and they were charged in the books in like manner. On the twenty-second day of September of the same year, the plaintiff; having a claim against Allyn, and believing that…
2Cited by7 opinions
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- Hopkins Fine Stock Co. v. ReidSupreme Court of Iowa · 1898
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