Legal Opinion

Seeley v. Seeley-Howe-Le Van Co.

Supreme Court of Iowa

Decided November 21, 1905PublishedCited by 10 opinions

Appeal from Polk District Court. — ‘IIon. A. II. McVey, Judge. This is a proceeding to establish a preferred claim in a receivership proceeding upon the proceeds of certain goods which it is claimed were obtained from the intervener, Sweetser, Pembrook & Co., by the Seeley-Howe-Le Van Company through false and fraudulent representations, and with intent not to pay for the same.

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Appeal from Polk District Court. — ‘IIon. A. II. McVey, Judge. This is a proceeding to establish a preferred claim in a receivership proceeding upon the proceeds of certain goods which it is claimed were obtained from the intervener, Sweetser, Pembrook & Co., by the Seeley-Howe-Le Van Company through false and fraudulent representations, and with intent not to pay for the same. The receiver denied the alleged fraud; pleaded that intervener elected to confirm the sale, and is estopped from repudiating it; and laches on its part after discovering the alleged fraud. The case was tried to the…

1Opinion of the CourtDeemer, J.

í receivers-to’recoverIIer goods. The questions presented are neither new nor complicated. The Seeley-Howe-Le Van Company was a corporation doing business in the city of Des Moines. . Be-fwee:a fhe 2d day of January and the 3d day March, 1902, Sweetser, Pembrook & Co. delivered to said corporation, upon an order taken in November, 1901, a large quantity of goods upon credit. It is claimed that these goods were obtained by fraud, in that the corporation, through its agents and by means of reports to a commercial agency, falsely represented its financial condition and the state of its accounts,…

2Cases cited10 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Terry v. . MungerNew York Court of Appeals · 1890
  3. Schiffer v. . DietzNew York Court of Appeals · 1881
  4. Thompson v. HowardMichigan Supreme Court · 1875
  5. Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. J. J. Smith Lumber Co. v. Scott County Garbage Reducing & Fuel Co.Supreme Court of Iowa · 1910
  2. Blank v. Independent Ice Co.Supreme Court of Iowa · 1911
  3. Blecher v. SchmidtSupreme Court of Iowa · 1931
  4. Ellis v. AnnisSupreme Court of Iowa · 1919
  5. First National Bank v. DaySupreme Court of Iowa · 1911

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