Tolerton & Stetson Co. v. Roberts
Supreme Court of Iowa
Appeal from Pocahontas District Gourt. — Hon. W. B. Quarton, Judge-. Action in equity to foreclose a chattel mortgage given by defendant M. J. Roberts to secure the payment of certain notes executed by defendants M. J. Roberts, Al Roberts, and II. Roberts, and to enjoin the disposition of the property covered by the chattel mortgage to the prejudice of plaintiff’s rights thereunder. F. II.
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Appeal from Pocahontas District Gourt. — Hon. W. B. Quarton, Judge-. Action in equity to foreclose a chattel mortgage given by defendant M. J. Roberts to secure the payment of certain notes executed by defendants M. J. Roberts, Al Roberts, and II. Roberts, and to enjoin the disposition of the property covered by the chattel mortgage to the prejudice of plaintiff’s rights thereunder. F. II. Plumb intervened, and asked that the proceeds of the foreclosure be first applied to certain other notes signed by the same defendants, with intervener as surety, maturing prior to the notes described in…
1Opinion of the CourtMcClain, J.
1 *4762 *475Plaintiff, as creditor' of the A. S. Eoberts Shoe & Grocery Company, which had made an assignment for the benefit of creditors, purchased from the assignee a stock of goods belonging to the company and resold the same to defendant M. J. Eoberts, receiving part payment in cash, and the notes secured by the chattel mortgage in this suit for the balance of the purchase price, which was made up of $400, balance after applying the cash payment to the amount which -plaintiff had paid for the stock, and the indebtedness of the A. S. Eoberts Shoe & Grocery Company to plaintiff. By this transaction…
2Cases cited13 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Hanson v. ManleySupreme Court of Iowa · 1887
- Shellabarger v. BinnsSupreme Court of Kansas · 1877
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3Cited by6 opinions
- Fremont County v. Fremont County BankSupreme Court of Iowa · 1908
- Prudential Insurance Co. of America v. A. Enkema Holding Co.Supreme Court of Minnesota · 1936
- In Re Dosker's EstateMichigan Supreme Court · 1938
- Mid-Continent Supply Co., a Corporation v. Atkins & Potter Drilling Corp., a Corporation T. E. Atkins and W. L. PotterCourt of Appeals for the Tenth Circuit · 1956
- Money v. Somers Savings BankSupreme Court of Iowa · 1926
1 more not listed; retrieve them via the Exa API.