Legal Opinion

Silverman, Lindauer & Co. v. Kuhn

Supreme Court of Iowa

Decided April 22, 1880PublishedCited by 2 opinions

Appeal from, Pollc Gvrouit Court. The plaintiffs filed in the Polk Circuit Court a petition as follows: “Paragraph 1. Plaintiffs state that they are partners, doing business under the firm name of Silverman, Lindauer & Co.; that said Isaac Kuhn, one of the above named defendants, is indebted to them in the sum of $787.59, for goods and merchandise sold and delivered by plaintiffs to defendant Isaac Kuhn.

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Appeal from, Pollc Gvrouit Court. The plaintiffs filed in the Polk Circuit Court a petition as follows: “Paragraph 1. Plaintiffs state that they are partners, doing business under the firm name of Silverman, Lindauer & Co.; that said Isaac Kuhn, one of the above named defendants, is indebted to them in the sum of $787.59, for goods and merchandise sold and delivered by plaintiffs to defendant Isaac Kuhn. “Par. 2. That prior to the 22nd day of April, 1879, said defendant Isaac Kuhn was a merchant carrying on business at Des Moines, Iowa, and was the owner, and in possession, of a large stock…

1Opinion of the CourtDay, J.

i bbobiveb • offsiwwhíg requisite. J. Counsel have argued elaborately the questions as to whether the plaintiffs, not being judgment creditors, are im(Jer any circumstances entitled -to a receiver; and whether- they have such lien upon, or interest ^ the mortgaged properly as to entitle them to a receiver. In the view which we take of the case we do not deem it necessary to determine these questions. As before stated, the application for appointment of a receiver was based *451solely upon the petition and answers, and the record in the law action against Isaac Kuhn. The answers deny in positive…

2Cases cited1 opinion

  1. Hughes v. CorySupreme Court of Iowa · 1866

3Cited by2 opinions

  1. Sweet, Dempster & Co. v. OliverSupreme Court of Iowa · 1881
  2. Maish v. BirdU.S. Circuit Court for the District of Iowa · 1882

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