Allen v. Kirk
Supreme Court of Iowa
Appeal from Oerro Gordo District Court. — Hon. John C. Sherwin, Judge. Action to recover for the wrongful taking and conversion of a stock of merchandise belonging to plaintiff, under writs of attachment in the hands of defendant, as sheriff, against the property of F. T. Fisher.
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Appeal from Oerro Gordo District Court. — Hon. John C. Sherwin, Judge. Action to recover for the wrongful taking and conversion of a stock of merchandise belonging to plaintiff, under writs of attachment in the hands of defendant, as sheriff, against the property of F. T. Fisher. The answer denies that plaintiff owned the merchandise, and alleges that the stock belonged to Fisher, and that the sale thereof by Fisher to plaintiff was made to hinder, delay and defraud the creditors of Fisher, and in pursuance of a combination between plaintiff, Fisher, Charles Allen and Ed. Allen to cheat and…
1Opinion of the CourtGiven, J.
The facts in this case are quite numerous, but the following, with those hereafter stated, will be sufficient to an understanding of the questions presented. Fisher was in the boot and shoe business at Austin, Minnesota, and in October, 1888, opened a branch store at Mason City, sent goods there from Austin, and employed the plaintiff’s husband, Charles Allen, to take charge of the business, with the assistance of plaintiff as clerk. Charles Allen had a small stock of goods, from which he had been selling at Three Rivers, and which he put into the store at Mason City. Plaintiff and her…
2Cases cited5 opinions
- President of the Bank of the United States v. CorcoranSupreme Court of the United States · 1829
- New York Guaranty & Indemnity Co. v. GleasonNew York Court of Appeals · 1879
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Martin v. Town of AlgonaSupreme Court of Iowa · 1875
- Hamilton v. LightnerSupreme Court of Iowa · 1880
3Cited by24 opinions
- Ellis v. Republic Oil Co.Supreme Court of Iowa · 1906
- Andrews v. BrownTexas Commission of Appeals · 1928
- McGee v. AllisonSupreme Court of Iowa · 1895
- Keesier v. StateIndiana Supreme Court · 1900
- Marzen v. PeopleIllinois Supreme Court · 1898
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