Hibbard, Spencer, Bartlett & Co. v. Zenor
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. Action for tlie recovery of specific personal property. Plaintiffs claim under a chattel* mortgage executed by Hall & Co. Defendant seized the property by virtue of three writs of attachment sued out by creditors of the mortgagor.
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Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. Action for tlie recovery of specific personal property. Plaintiffs claim under a chattel* mortgage executed by Hall & Co. Defendant seized the property by virtue of three writs of attachment sued out by creditors of the mortgagor. He disputes the claim of plaintiffs on the grounds (1) that neither he nor the attaching creditors had notice of the mortgage before the levy; (2) that no notice of plaintiffs’ claim was served upon him, as required by statute, before the suit was instituted; (3) that the mortgage was given and accepted…
1Opinion of the CourtReed, J.
— The mortgage under which plaintiffs claim was given to secure a promissory note for seventy-five hundred dollars. The evidence tended to prove that Hall & Co. were indebted to plaintiffs in that amount, and that they, on the twenty-eighth of December, 1886, executed their promissory note for the amount, and to secure the same gave a chattel mortgage on their stock of goods and merchandise. They were anxious, however, to continue their business; and, being apprehensive that other creditors would close them up by attachment, if the fact of its execution should become known to them, they…
2Cases cited3 opinions
- Crawford v. NewellSupreme Court of Iowa · 1867
- Bickler, Winzer & Co. v. KendallSupreme Court of Iowa · 1885
- Everett v. WhitneySupreme Court of Iowa · 1880
3Cited by18 opinions
- Lee County Savings Bank v. Snodgrass Bros.Supreme Court of Iowa · 1918
- Olson v. OlsonSupreme Court of Iowa · 1951
- Winey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- General Motors Acceptance Corp. v. Brackett & Shaw Co.Supreme Court of New Hampshire · 1930
- Iowa Electric Co. v. ScottSupreme Court of Iowa · 1928
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