In re the Assignment of Hobson
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. L. O. Hatch, Judge. Appeal from an order allowing a claim filed witli the assignee of an insolvent, wlio bad made a general assignment for tbe benefit or creditors. A creditor cannot attack an assignment, seek to set it aside, or treat it as void, and also file bis claim under it, and ask to bave a dividend.
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Appeal from Fayette District Court. — Hon. L. O. Hatch, Judge. Appeal from an order allowing a claim filed witli the assignee of an insolvent, wlio bad made a general assignment for tbe benefit or creditors. A creditor cannot attack an assignment, seek to set it aside, or treat it as void, and also file bis claim under it, and ask to bave a dividend. Burrill on Assignment [ 5 Ed. ] secs. 479, 482, 507; Yernon v. Morton & Smith, 8 Dana (Ky.) 254. An assignment cannot be questioned by a creditor wbo lias taken a dividend. Adlum v. Yard, 1 Bawl. 163 ; s. o., 18 Am. Dec. 609 ; Jones & Waterbury…
1Opinion of the CourtRobinson, J.
The evidence upon which this cause was submitted in the district court consists of an agreed statement of facts. As nearly as we can determine from the record, the material facts of the case are substantially as follows: On the twenty-sixth day of November, 1887, Joseph Hobson made to D. W. Clements a general assignment for the benefit of creditors. Prior to that date, Hobson had made to the Payette County National Bank his three promissory notes, described as follows : One was for three thousand dollars, and was-signed by H. B. Hoyt, as surety; one was for six thousand dollars, and was…
2Cases cited3 opinions
- Ayres v. HustedSupreme Court of Connecticut · 1843
- Johns v. ReardonCourt of Appeals of Maryland · 1857
- Jewett v. WoodwardNew York Court of Chancery · 1831
3Cited by3 opinions
- Dickson v. BackOregon Supreme Court · 1897
- Johnston v. ButterfieldSupreme Court of Iowa · 1923
- Pace v. StillSupreme Court of South Carolina · 1931