Phelps, Dodge & Palmer Co. v. Samson
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. W. B. Quarton, Judge. Action to recover tile possession of specific personal property.
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Appeal from Kossuth District Court. — Hon. W. B. Quarton, Judge. Action to recover tile possession of specific personal property. The defendant Samson claims to hold the property as agent of two of his co-defendants, who are mortgagees thereof, holding’ chattel mortgages thereon executed by defendant Seiler, who, purchased fhe same from plaintiffs. ■ The defendants other than Samson and Seiler are the mortgagees referred to, and they- plead their mortgagers as prior to plaintiffs claim.. Plaintiff alleges that the mortgages were without consideration, fraudulent and void, and part of .a…
1Opinion of the CourtDeemer, J.
*1481 2 *147During the year 1897 plaintiff 'sold and delivered to defendant Seiler certain boots and shoes of the aggregate value of $207.60. After.Seiler obtained the goods and placed them with his other stock, he mortgaged the whole to his co-defendants the Waterloo State Bank and Ed Croak; to secure a pre-existing indebtedness due each of the mortgagees. Plaintiff claims that defendants Seiler falsely and fraudulently represented that he was solvent and able to pay for the goods, whereas in truth and in fact he was insolvent; and that when he purchased he (Seiler) did not intend to pay for the…
2Cases cited3 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Hamilton Buggy Co. v. Iowa Buggy Co.Supreme Court of Iowa · 1893
- Sisson v. KaperSupreme Court of Iowa · 1898
3Cited by7 opinions
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
- J. J. Smith Lumber Co. v. Scott County Garbage Reducing & Fuel Co.Supreme Court of Iowa · 1910
- Sylvester v. AmmonsSupreme Court of Iowa · 1904
- Howerton v. AugustineSupreme Court of Iowa · 1906
- Ohio Savings Bank & Trust Co. v. SchneiderSupreme Court of Iowa · 1926
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