Knoxville Nat. Bank v. Hanirick
Supreme Court of Iowa
Appeal from Marion District Court. J". Oppenheimer made an assignment for the benefit of his creditors, and the appellants, having filed claims against the estate, asked an order directing the assignee to pay such claims. The relief asked was denied, and plaintiffs appeal.
1Opinion of the CourtSeevers, J.
The material facts are that J. Oppenheimer executed his-promissory notes, payable to the plaintiffs, and the same were signed by O. B. Ayres, as surety. At the same time the..notes were executed Oppenheimer gave Ayres *584chattel mortgages on a stock of goods, wares and merchandise, to indemnify him. The condition of the mortgages is that, if the notes which Ayres had signed as surety were paid, the mortgages were to be void. Afterwards, Oppenheimer assigned the mortgaged property to the defendant for the benefit of his creditors. The plaintiffs filed claims against the estate as provided bylaw.…
2Cases cited2 opinions
- Wurtz, Austin & McVeigh v. HartSupreme Court of Iowa · 1862
- Wood v. ScottSupreme Court of Iowa · 1880
3Cited by2 opinions
- Beh v. BaySupreme Court of Iowa · 1905
- Mehlhop v. EllsworthSupreme Court of Iowa · 1895