In re Assignment of Guyer
Supreme Court of Iowa
Appeal from Dallas Cireuit Court. J. 0. Guyer made a general assignment of bis property, for the benefit of bis creditors, to 0. Mosher. The assignee filed a report in the court below, showing a list of creditors who had filed their claims, with a statement pertaining thereto. In another list appeared the claims of creditors secured by mortgage. In this list appeared a mortgage given to Gr. IT. Atwell upon a stock of goods covered by the mortgage.
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Appeal from Dallas Cireuit Court. J. 0. Guyer made a general assignment of bis property, for the benefit of bis creditors, to 0. Mosher. The assignee filed a report in the court below, showing a list of creditors who had filed their claims, with a statement pertaining thereto. In another list appeared the claims of creditors secured by mortgage. In this list appeared a mortgage given to Gr. IT. Atwell upon a stock of goods covered by the mortgage. The Buell Manufacturing Company, and other general creditors, appeared and excepted to the report. Atwell filed an answer to the exceptions. The…
1Opinion of the CourtBeck, J.
i. assign.MISNT for benefit of po?t‘of!as-re" s^gnee;pleadI. Counsel for appellant, the Buell Manufacturing Company, first insist that the answer of Atwell, the appellee, does not raise any issue for trial. We . J are of the contrary opinion. The exceptions to reP°rt object to appellee’s mortgage on the groun(j that, under it, he has no right to preference, and holds no lien on the property. The answer sets up the note of the assignor to the appellee, and the mortgage given to secure it, and claims under it a lien upon the goods prior and senior to the demands of all other persons, and asks…
2Cases cited1 opinion
- Everett v. WhitneySupreme Court of Iowa · 1880
3Cited by8 opinions
- Gilbert v. McCorkleIndiana Supreme Court · 1887
- Reynolds v. BlackSupreme Court of Iowa · 1894
- Lacey v. NewcombSupreme Court of Iowa · 1895
- In re Assignment of WindhorstSupreme Court of Iowa · 1898
- Re Assignment of Pendleton Hardware Co.Oregon Supreme Court · 1893
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