Carter v. Lee
Supreme Court of Iowa
Appeal from Pollc District Court. — Host. Charles A. Bishop, Judge. The plaintiffs are creditors oí a mercantile partnership named “Gras Smith & Co.” The said partnership made an assignment of the partnership property to the appellant for the benefit of creditors.
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Appeal from Pollc District Court. — Host. Charles A. Bishop, Judge. The plaintiffs are creditors oí a mercantile partnership named “Gras Smith & Co.” The said partnership made an assignment of the partnership property to the appellant for the benefit of creditors. The plaintiffs did not file their claim as creditors within three months of the first publication of the notice of the assignment, and they commenced this proceeding to compel an allowance of their claim, and for a distributive share of the proceeds of the property the same as other creditors. An order was made in the court below in…
1Opinion of the CourtNotebook, J.
The assignment was made by Gr-us Smith & Co. on the thirty-first day of October, 1888. The assignee caused notice of the assignment, and of his appointment, to be published, as required by law. The first publication of the notice was on the tenth day of November, 1888. The plaintiffs were then, and are now, residents of the state of New York, and they had no actual notice of the assignment until more than three months after the first publication of the notice. The account books of Gi-us Smith & Co. did not show that Carter & Narrow were creditors of said firm, and the said assignee had no…
2Cases cited2 opinions
- Conlee Lumber Co. v. MeyerSupreme Court of Iowa · 1888
- Wisehart v. DietzSupreme Court of Iowa · 1885
3Cited by3 opinions
- Chambers v. BradySupreme Court of Iowa · 1897
- H. B. Claflin Co. v. KelleyAppellate Court of Illinois · 1896
- James Scott & Sons v. ThomasSupreme Court of Iowa · 1895