Gilmore & Rule v. Kilpatrick-Koch Dry Goods Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Maoy, Judge. In November, 1890, E. J. Trowbridge was a merchant at Manilla, Iowa. He had a stock of goods and other property, aggregating about thirteen thousand dollars in value. One Bennett, a cashier of a bank at Manning, was a creditor of Trowbridge, in the sum of about two thousand dollars.
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Appeal from Pottawattamie District Court. — Hon. N. W. Maoy, Judge. In November, 1890, E. J. Trowbridge was a merchant at Manilla, Iowa. He had a stock of goods and other property, aggregating about thirteen thousand dollars in value. One Bennett, a cashier of a bank at Manning, was a creditor of Trowbridge, in the sum of about two thousand dollars. November 19, 1890, Bennett brought suit on his claim in the Crawford district court, aided by attachment, and levied the same on the stock of goods. On the same day seven other suits were commenced by creditors of Trowbridge, and in each case…
1Opinion of the CourtGranger, J.
1 2 *1673 *1684 *166I. The weight of appellant’s argument is directed to the Bennett mortgage as being fraudulent, and then, because of the relation to it of the other mortgages, executed at the same time, and in pursuance of the same agreement, it is urged that all are fraudulent. After a review of the record we reach the conclusion that the transactions complained of are none of them fraudulent. A fact upon which a claim of fraud is based is that a separate instrument, affecting the Bennett mortgage, was executed, and it is as follows: “E. J. Trowbridge, Manilla, Iowa: It is hereby agreed that F. A.…
2Cases cited3 opinions
- Holden v. CoxSupreme Court of Iowa · 1883
- Evans v. St. Paul Harvester WorksSupreme Court of Iowa · 1884
- Meyer v. Gage Bros.Supreme Court of Iowa · 1885
3Cited by1 opinion
- Des Moines Packing Co. v. UncaphorSupreme Court of Iowa · 1916