Carson, Pirie, Scott & Co. v. Byers & Eggers
Supreme Court of Iowa
Appeal from, Shelby District Court. This is a controversy involving the rights of the parties to the proceeds of the sale of a stock of goods of an insolvent mercantile partnership. The parties claiming said proceeds are P. IL Watters and Louisa Watters, mortgagees of the goods, upon one side, and a number of the general creditors of the firm, who claim that the mortgage is fraudulent and void as to them.
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Appeal from, Shelby District Court. This is a controversy involving the rights of the parties to the proceeds of the sale of a stock of goods of an insolvent mercantile partnership. The parties claiming said proceeds are P. IL Watters and Louisa Watters, mortgagees of the goods, upon one side, and a number of the general creditors of the firm, who claim that the mortgage is fraudulent and void as to them. The cause was tried as an action in equity, and there was a decree against the mortgagees, and they appeal.
1Opinion of the CourtRothrock, J.
I. Some time previous to the month of September, 1882, IT. W. Byers and Paul Eggers commenced negotiations with a view to forming a partnership in keeping a country store. They at one time contemplated locating at Harlan, She'lby county. Some time before September 1, 1882, they concluded to open a store at Earling. They were both without means, excepting that Byers was possessed of a small amount of money, not exceeding $800 in all. They applied to a sister of Eggers for a loan to enable them to start in business. Preparations were made for embarking in the enterprise by commencing the…
2Cases cited3 opinions
- State v. FeltesSupreme Court of Iowa · 1879
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Berkshire Woolen Company v. . JuillardNew York Court of Appeals · 1879
3Cited by14 opinions
- Howell v. MooresIllinois Supreme Court · 1889
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- M. Rosenheim & Son v. Flanders SistersSupreme Court of Iowa · 1901
- Stroff v. Swafford Bros.Supreme Court of Iowa · 1891
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