Adler v. Claflin
Supreme Court of Iowa
Appeal from Des Moines District Court Replevin. Plaintiffs claim tbe property under a chattel mortgage made by A. & B. Wilner, of September 8th, 1861. Defendants claim under an attachment against the mortgagors, issued in December, 1861; insisting that the said mortgage was fraudulent and void. By the terms of the mortgage, the property (consisting of ready made clothing) was sold and conveyed to plaintiffs-, for the consideration of $2,772, owing by the mortgagors to them.
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Appeal from Des Moines District Court Replevin. Plaintiffs claim tbe property under a chattel mortgage made by A. & B. Wilner, of September 8th, 1861. Defendants claim under an attachment against the mortgagors, issued in December, 1861; insisting that the said mortgage was fraudulent and void. By the terms of the mortgage, the property (consisting of ready made clothing) was sold and conveyed to plaintiffs-, for the consideration of $2,772, owing by the mortgagors to them. One of the mortgagors was to remain in possession of the store and goods, for the purpose of disposing of the same by…
1Opinion of the Court
Wright, Ch. J.
1. Practice: question not presented below. It is admitted that one member of a firm may encumber or transfer the entire stock or property of the partnership in security or liqui-dation of the firm debt; but it is insisted (and this is the very question presented by counsel) that in this case the mortgage is fraudulent and void on its face. To the proposition appellees’ counsel very justly responds, that no such position was assumed in the court below. It is but too manifest that defendants claimed that the transaction was void from evidence aliunde, and that at no time during…
2Cases cited1 opinion
- McGavran v. HauptSupreme Court of Iowa · 1859
3Cited by4 opinions
- Noyes v. RossMontana Supreme Court · 1899
- In re BurrowsDistrict Court, D. Indiana · 1877
- Hickman v. PerrinTennessee Supreme Court · 1868
- Hickman v. PerrinTennessee Supreme Court · 1868