Rock Island Plow Co. v. Breese & Breese
Supreme Court of Iowa
Appeal from Webster District Coxvrt. — Hon. S. M. “Weaver, Judge. Action in equity, in which the validity of a general assignment for the benefit of creditors, an attachment levied upon certain personal property, and a. chattel mortgage, are claimed to be void. There was a. hearing upon the merits, and the plaintiffs’ petitions, were dismissed, and they appeal. The appeals in both cases will be determined in one opinion.
1Opinion of the CourtRothrock, J.
1. Assignment for benefit of creditors: preferences. I. The defendant Breese & Breese was a copartnership composed of A. Breese and Cecil Breese. For some time prior to the twenty-fifth day of September, 1888, -the partnership had been engaged in the sale of agricultural implements. The firm was insolvent, and on said day the members thereof made a general assignment for the benefit of creditors to the defendant, A. Beach. The defendant, M. Healy, was a creditor of the firm, and on the same day he caused a writ of attachment to be levied npon the partnership property. After the writ of…
2Cases cited2 opinions
- Atkins v. WomeldorfSupreme Court of Iowa · 1880
- Murdough v. McPherrinSupreme Court of Iowa · 1878
3Cited by4 opinions
- Smith v. Sioux City Nursery & Seed Co.Supreme Court of Iowa · 1899
- In re Assignment of WindhorstSupreme Court of Iowa · 1898
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- Rothschild v. HasbrouckU.S. Circuit Court for the Southern District of Iowa · 1896