Willson v. Felthouse Bros. & Moore
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. Gr. W.. Ruddick, Judge. On the eleventh day of February, 1892, one Arms-bury made to tbe plaintiff a written assignment of bis-property for tbe benefit of bis creditors. This action was brought by tbe assignee to recover damages of tbe defendants for wrongfully taking and disposing of certain property belonging to tbe insolvent assignor. It was held by tbe district court that tbe defendants were not liable, and plaintiff appeals.
1Opinion of the CourtRothbock, J.
The appeal involves but one question, and the controversy between the parties can be better understood by a plain statement of the facts than by attempting to reproduce the averments of the pleadings. As we have said, Armsbury made an assignment to tbe plaintiff on tbe eleventh day of February, 1892. The defendants, Felthouse Brothers & Moore, were creditors of Armsbury. Long before the assignment was made, Armsbury executed to one Willson a chattel mortgage upon property which was included in the general assignment. The mortgage was in the common form, and authorized the mortgagee to take…
2Cited by5 opinions
- State Ex Rel. Collins v. ParksSupreme Court of Oklahoma · 1912
- Moore v. CalvertSupreme Court of Oklahoma · 1899
- Beatrice Creamery Co. v. GoldenSupreme Court of Oklahoma · 1928
- Broach v. BelchSupreme Court of Oklahoma · 1923
- Tollerton & Stetson Co. v. SkeltonSupreme Court of Iowa · 1902