Phillips & Son v. Both
Supreme Court of Iowa
Appeal from Audubon District Court. The plaintiff commenced this action by attachment to recover upon an account for merchandise sold at wholesale to the defendant who was a retail dealer at Audubon. The attachment was levied upon a párt of a stock of boots and shoes on the 13th of December, 1880. There was a trial by jury, which resulted in a verdict for the plaintiffs.
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Appeal from Audubon District Court. The plaintiff commenced this action by attachment to recover upon an account for merchandise sold at wholesale to the defendant who was a retail dealer at Audubon. The attachment was levied upon a párt of a stock of boots and shoes on the 13th of December, 1880. There was a trial by jury, which resulted in a verdict for the plaintiffs. Frederick Both,-'by his petition of intervention, claimed a prior lion upon the attached property by virtue of a chattel mortgage made by the defendant to him on the 31st day of August, 1880. The issue between the plaintiffs…
1Opinion of the CourtRothrock, J.
I. The language of the granting clause of the mortgage is as follows: “I do hereby sell, transfer and assign to the said Frederick Both the property described in the following schedule, viz: “ A stock of boots and shoes and clothing, consisting of eleven cases of mens’ and boys’ boots; eighty boxes of misses’ and children’s ■ shoes, partially full; twenty-five pairs overalls; one show case; five dozen underwear shirts and drawers.” This clause is followed by the following words: “ The said grantor to have the privilege of retailing said stock, but to keep up said stock as full as it now is as…
2Cases cited2 opinions
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Stephens v. PenceSupreme Court of Iowa · 1881
3Cited by10 opinions
- Borden v. CroakIllinois Supreme Court · 1889
- In re the Assignment of ThompsonSupreme Court of Iowa · 1914
- Eddy v. McCallMichigan Supreme Court · 1888
- Live Stock National Bank v. JuliusSupreme Court of Iowa · 1919
- Chicago, Milwaukee & St. Paul R'y Co. v. SheaSupreme Court of Iowa · 1885
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