Davenport Plow Co. v. Lamp
Supreme Court of Iowa
Appeal from Scott District Court. — IIon. Andrew Howat, Judge. This is a proceeding by petition, asking that the defendant, an assignee, be ordered to pay plaintiff the amount of its claim arising on account of money paid by its treasurer without authority to the Grlobe Plow Works, which was used in its business and in the payment of debts. There was a trial to the court, and a judgment for a part of the sum claimed. Plaintiff appeals.
1Opinion of the CourtBeck, J.
— I. There is no controversy as to the controlling or important facts of the case, which may be briefly stated. The plaintiff and the Grlobe Plow Works are each corporations. The plaintiff was settling up its affairs, having ceased the manufacturing business. It held notes executed by the Grlobe Plow Works, which were in the possession of its treasurer, who was induced by the president of the other corporation to discount one of them and pay the proceeds, amounting to more than five thousand dollars to the Grlobe Plow Works, which was used in its business and the payment of debts. The…
2Cases cited7 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
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- Lowry v. Polk CountySupreme Court of Iowa · 1879
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