Legal Opinion

Dickson v. Chorn

Supreme Court of Iowa

Decided April 10, 1858PublishedCited by 21 opinions

Appeal from the Mahaska District Court. In Chancery. The cause was heard on bill and answer, which show the facts to be briefly as follows: On the first of March, 1856, Lot A. Chorn and Isaac Dickerson, were doing business as a mercantile firm, in the city of Oskaloosa, and on the 6th of that month, made their notes to complainants for goods sold and delivered.

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Appeal from the Mahaska District Court. In Chancery. The cause was heard on bill and answer, which show the facts to be briefly as follows: On the first of March, 1856, Lot A. Chorn and Isaac Dickerson, were doing business as a mercantile firm, in the city of Oskaloosa, and on the 6th of that month, made their notes to complainants for goods sold and delivered. On the 13th of May of that year, Chorn and Dickerson failed, and made an assignment for the benefit of creditors, to Kinsman & Dressier. ' The form or legal sufficiency of the assignment is not objected to, but petitioners complain of…

1Opinion of the Court

Wri&ht', C. J.

— The complainants, in this bill, charge that White & Co. released the mortgage with the intention, and for the purpose of defrauding the other creditors; or that, if this is not true, then, that there was some agreement between them and the mortgagors, by which they were in some manner secured, in consideration of said release. All such averments are, however, explicitly denied *30by the several answers of tlie respondents, and we are left to determine the rights of the parties, upon the admitted facts, which are substantially given in the statement of the case.

The property…

2Cases cited1 opinion

  1. Floyd v. MosierSupreme Court of Iowa · 1855

3Cited by21 opinions

  1. White v. FulghumTennessee Supreme Court · 1889
  2. Wurtz, Austin & McVeigh v. HartSupreme Court of Iowa · 1862
  3. State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
  4. Kerens National Bank v. StocktonTexas Supreme Court · 1931
  5. Miller v. ClarkeSupreme Court of Iowa · 1873

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