Valley National Bank of Des Moines v. Claflin
Supreme Court of Iowa
Appeal from Palle District Court. — IIon. Thomas F. Stevenson, Judge. ActioN in equity to recover the amount alleged to be due on certain promissory notes made by the defendants Israel Bros, and W. 0. Israel, and to foreclose a chattel mortgage on two stocks of merchandise, with furniture, fixtures, and utensils usel in connection therewith, given to secure the payment of the notes. The petition also asked the appointment of a receiver.
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Appeal from Palle District Court. — IIon. Thomas F. Stevenson, Judge. ActioN in equity to recover the amount alleged to be due on certain promissory notes made by the defendants Israel Bros, and W. 0. Israel, and to foreclose a chattel mortgage on two stocks of merchandise, with furniture, fixtures, and utensils usel in connection therewith, given to secure the payment of the notes. The petition also asked the appointment of a receiver. The H. B. Claflin Company and other creditors of the makers of the notes, were made parties defendant, and a receiver was appointed. From the order appointing…
1Opinion of the Court
Bobinson, O. J.
1 — We are required to determine whether the plaintiff was entitled to the appointment of a receiver. The facts material to an understanding of that question are as follows: During a part of the year 1891, Israel Bros, carried on business at two places in the'city of Des Moines. At one, on Locust street, articles of clothing were manufactured; and at the other, on Walnut street, dry goods, wearing apparel, and other articles were retailed. On the twenty-ninth day of October, 1897, the defendant the Clinton Woolen Manufacturing Company recovered against Israel Bros, a judgment…
2Cases cited2 opinions
- Maish v. BirdSupreme Court of Iowa · 1882
- Simmons Hardware Co. v. WaibelSouth Dakota Supreme Court · 1891