Orke v. McManus
Supreme Court of Iowa
Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. The plaintiff, Orke, brought this action against the defendant, McManus, for $416, an alleged balance due for fixtures, furniture and stock in a saloon sold by the plaintiff to the defendant.
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Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. The plaintiff, Orke, brought this action against the defendant, McManus, for $416, an alleged balance due for fixtures, furniture and stock in a saloon sold by the plaintiff to the defendant. The Dubuque Star Brewing Company intervened in the action and alleged that it held a prior bill of sale upon the fixtures, furniture and stock in question, executed and delivered to it by the plaintiff Orke, and that it held the same as security for an indebtedness owing to it by the plaintiff. It also pleaded that an arrangement had…
1Opinion of the CourtEvans, C. J.
Orke operated a saloon at Ossian, Iowa, and became largely indebted to the intervener, Dubuque Star Brewing Company, for intoxicating liquors purchased. To secure this indebtedness he executed to the intervener a bill of sale of the property in question. Some time later he sold out his business to McManus, and executed to him also a bill of sale covering the same property. Upon discovering the claim of the intervener, McManus declined to pay the balanc'e of the purchase price, and this suit was brought therefor. The pleadings of the parties were so framed that the only issue tried was whether…
2Cases cited8 opinions
- Winlock v. StateIndiana Supreme Court · 1890
- Bandalow v. PeopleIllinois Supreme Court · 1878
- Shields v. StateIndiana Supreme Court · 1884
- People v. HigginsMichigan Supreme Court · 1885
- Stockwell v. StateIndiana Supreme Court · 1882
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3Cited by2 opinions
- Orke v. McManusSupreme Court of Iowa · 1910
- Des Moines Brewing Co. v. Polk CountySupreme Court of Iowa · 1918