J. W. Edgerly & Co. v. Cover
Supreme Court of Iowa
Appeal from Iowa District Gourt. — Hon. M. J. Wade, Judge. Action to foreclose a chattel mortgage covering a stock of goods owned by J. V. Hatter in his lifetime, alleged to have been executed February 6, 1896, by John L. Miller, as his agent.
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Appeal from Iowa District Gourt. — Hon. M. J. Wade, Judge. Action to foreclose a chattel mortgage covering a stock of goods owned by J. V. Hatter in his lifetime, alleged to have been executed February 6, 1896, by John L. Miller, as his agent. The defendant Aaron Cover has two mortgages, each covering the same stock of goods, executed by Hatter on the twenty-eighth day of February and the twenty-third day of April, 1896. The defendants Seaton and Hatter are administrators of the estate of J. V. Hatter, deceased. The sole question is whether John L. Miller had authority from J. V. Hatter to…
1Opinion of the CourtLadd, J.
That J. V. Hatter was indebted to the plaintiff on the sixth day of February, 1896, as alleged, is not questioned. At that time he was very sick, and, because of the advice of his physician, could not be consulted. His son-in-law, John L. Miller, had been in his employment as clerk in the drug store for seven years, and for two or three years bought the goods, kept the books, made collections, paid the bills, and waited on the trade*. In addition to this, during the last six months of Hatter’s life, he conducted the correspondence, and made ail adjustments with the wholesale houses. On the…
2Cases cited5 opinions
- Jeffrey v. HurshMichigan Supreme Court · 1882
- Whiting v. Western Stage Co.Supreme Court of Iowa · 1866
- Richmond v. GreeleySupreme Court of Iowa · 1874
- Taylor v. LabeaumeSupreme Court of Missouri · 1852
- Miller v. House & LaubSupreme Court of Iowa · 1885
3Cited by5 opinions
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- Salt Lake Valley Loan & Trust Co. v. St. Joseph Land Co.Utah Supreme Court · 1928
- Wycoff v. DavisSupreme Court of Iowa · 1905
- State v. RiversSupreme Court of Iowa · 1904
- Julian Petroleum Corp. v. EggerCourt of Appeals of Texas · 1928