Legal Opinion

Davenport v. Cummings

Supreme Court of Iowa

Decided October 14, 1863PublishedCited by 18 opinions

Appeal from Dubuque District Gourt. Replevin. Plaintiff claims, under a chattel mortgage, made to him by Langworthy, in June, 1861, purporting to secure a note of $700, due in two years.

Read the full summary

Appeal from Dubuque District Gourt. Replevin. Plaintiff claims, under a chattel mortgage, made to him by Langworthy, in June, 1861, purporting to secure a note of $700, due in two years. Defendant (as sheriff) claims and justifies, under an execution against said Langworthy, in favor of Freeland, Squires & Co., insisting that the mortgage to plaintiff was executed without consideration; that such disposition was unreasonable and made to defraud, hinder and delay the creditors of the mortgagor. To this issue the testimony was all directed. Yerdict and judgment for defendant; and plaintiff…

1Opinion of the CourtWright, J.

I. Plaintiff claimed that the consideration for the note of $700 was $315, in money, and a check on Langworthy & Bro. for $385. This claim seems to have been controverted, and plaintiff and another witness spoke of this check as being charged against him on the books of the bank, and referred to such books as showing the amount of the check and its payment. It was also a controverted point whether plaintiff, at the time, had any funds upon which to draw. Defendant introduced these books for the *222purpose of showing the state of the account. This was objected to, and their admission is the first…

2Cited by18 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  3. State v. DudleySupreme Court of Iowa · 1910
  4. Harvey v. PhillipsSupreme Court of Iowa · 1922
  5. Kohn Bros. v. Clement, Morton & Co.Supreme Court of Iowa · 1882

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API