Legal Opinion

Peoria Steam Marble Works v. Hickey

Supreme Court of Iowa

Decided January 20, 1900PublishedCited by 7 opinions

Appeal from Lee District GourL — IIon. Henry Bank, Judge. Action at law on promissory notes signed, “Jas. Hickey, [Receiver.” Defendant admitted signing tbe notes, but pleaded that he executed them as receiver’, with the knowledge of plaintiff.

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Appeal from Lee District GourL — IIon. Henry Bank, Judge. Action at law on promissory notes signed, “Jas. Hickey, [Receiver.” Defendant admitted signing tbe notes, but pleaded that he executed them as receiver’, with the knowledge of plaintiff. He also pleaded mutual mistake, and asked that the contracts be reformed so as to show that he executed them as receiver, and not in his individual capacity; that he had authority from the court appointing him to make the contracts; and that plaintiff accepted them as obligations of the receiver, and was fully aware that they were intended to be…

1Opinion of the CourtDeembr, J.

The superior court of the city of Keokuk appointed defendant as receiver of a stock of granite and marble owned by one John T. Grotty, and in the order; appointing him directed that he dispose of the same in the usual course of trade, subject to the orders of the court. The order further continues:’ “Said receiver is further empowered to take from the defendant, John T. Grotty, the orders for tombstones and monuments now in his hands, and to fill same, if in his discretion he shall see fit to do so. Said receiver is authorized to make such purchases of material and stock during the conduct of…

2Cases cited16 opinions

  1. Duvall v. CraigSupreme Court of the United States · 1817
  2. Rossiter v. RossiterNew York Supreme Court · 1832
  3. Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
  4. Lee v. PercivalSupreme Court of Iowa · 1892
  5. Vilas v. . PageNew York Court of Appeals · 1887

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3Cited by7 opinions

  1. Cohen v. HaydenSupreme Court of Iowa · 1916
  2. Lazear v. Ohio Valley Steel Foundry Co.West Virginia Supreme Court · 1909
  3. Cheyne v. QuackenbushSupreme Court of Iowa · 1924
  4. Pennsylvania Engineering Works v. New Castle Stamping Co.Supreme Court of Pennsylvania · 1918
  5. Young Men's Christian Assn. v. CawardSupreme Court of Iowa · 1931

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