Independent Van & Storage Co. v. Iowa Mercantile Co.
Supreme Court of Iowa
Appeal from Linn District Court— Milo P. Smith, Judge. Intervener, Armstrong, prayed that a judgment he had obtained against the Mercantile Company should be made a preferred claim on assets in the hands of a receiver of that company. His petition of intervention having been dismissed, he appeals.
1Opinion of the CourtSalinger, J.
I. On April 18, 1916, Armstrong gave his notes, aggregating $1,500, to the Mercantile Company, in payment for shares of stock in said company. The company *876went into the hands of a receiver, on September 7, 1916. Learning of this fact on September 18, 1916, Armstrong served notice on the company and on the receiver that he had elected to rescind his said stock subscription, on account of fraud and misrepresentations in obtaining the subscription. On November 15, 1916,, he obtained a decree in the superior court of Cedar Rapids, rescinding the subscription on the ground of fraud .and want of…
2Cases cited8 opinions
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
- Long v. ValleauSupreme Court of Iowa · 1893
- Gregory v. BowlsbySupreme Court of Iowa · 1905
- Farnsworth v. Muscatine Produce & Pure Ice Co.Supreme Court of Iowa · 1916
- State v. Bank of CommerceNebraska Supreme Court · 1901
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3Cited by5 opinions
- Banks v. CarrellSupreme Court of Iowa · 1950
- Homolka v. DrahosSupreme Court of Iowa · 1956
- Realty Associates v. Women's ClubOregon Supreme Court · 1962
- Thoman v. HarrisSupreme Court of Iowa · 1945
- Realty Associates v. Women's ClubOregon Supreme Court · 1962