Hesser v. Wilson
Supreme Court of Iowa
Appeal from, Lee District Court. This is an action of replevin brought by plaintiffs to recover tbe possession of a bnggy, tbe title to and possession of which they claimed by virtue of a chattel mortgage executed by one John Hoerner, covering this and other property then in possession of said Hoerner. Tbe issue on wbicb the cause was tried is raised by the answer, wbicb alleges in substance, that defendant engaged said Hoerner to manufacture for him a single-seated buggy.
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Appeal from, Lee District Court. This is an action of replevin brought by plaintiffs to recover tbe possession of a bnggy, tbe title to and possession of which they claimed by virtue of a chattel mortgage executed by one John Hoerner, covering this and other property then in possession of said Hoerner. Tbe issue on wbicb the cause was tried is raised by the answer, wbicb alleges in substance, that defendant engaged said Hoerner to manufacture for him a single-seated buggy. Defendant was to furnish leather and lining for top, top props, bow leather, lock and butts for seat, and to pay for…
1Opinion of the CourtMidler, J.
The evidence shows that John Hoerner was a manufacturer of carriages and buggies in the city of Fort Madison, Iowa; that he became largely indebted to the plaintiffs, who are hardware merchants in the same place, for hardware and other materials sold and delivered by them to said Hoerner, and used by him in his business; that to secure the payment of this indebtedness, Hoerner, on the 9th day of Septembei’, 1871, executed to plaintiffs a chattel mortgage on a large amount of materials, tools, etc., in the shops of said Hoerner, and also upon a number of carriages and buggies then in the shop,…
2Cases cited1 opinion
- Snyder v. TibbalsSupreme Court of Iowa · 1871
3Cited by4 opinions
- Shepard v. FindleySupreme Court of Iowa · 1927
- McAfee v. BusbySupreme Court of Iowa · 1886
- Sutton v. BallouSupreme Court of Iowa · 1877
- Hickok v. BuellSupreme Court of Iowa · 1879