In re Assignment of Hooker & Son
Supreme Court of Iowa
Appeal from Montgomery Circuit Court. On the sixteenth day of February, 1885, the copartnership of P. R. Hooker & Son, of which P. R. Hooker and his son W. F. Hooker were the only members, made a general assignment for the benefit of creditors.
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Appeal from Montgomery Circuit Court. On the sixteenth day of February, 1885, the copartnership of P. R. Hooker & Son, of which P. R. Hooker and his son W. F. Hooker were the only members, made a general assignment for the benefit of creditors. On the twenty-seventh day of the same month the appellant, who is the wife of P. R. Hooker, filed with the assignee her verified claim against “ the firm of Hooker & Son for the sum of $1,019.01 of borrowed capital, invested February 21, 1881.” Exceptions to this claim were filed by creditors of the firm, and by agreement the claim was submitted to…
1Opinion of the CourtRobinson, J.
1. Reference: report: conclusions of law set aside: jury trial. *3802. Partnership insolvency: prior rights of firm creditors. *379— I. When the court below announced its intention not to confirm the report of the referee as a wbole, appellant demanded another bearing and a trial by jury. This was refused. Appellant insists that the legal effect of the action of the court was to deprive her of her right to a trial by the referee, or by a jury, and to compel her to submit to a trial to the court against her will. Had the court set aside the report of the referee, not only as to conclusions of law, but…
2Cases cited2 opinions
- Lyons v. HarrisSupreme Court of Iowa · 1887
- Sage v. NicholsSupreme Court of Iowa · 1879
3Cited by6 opinions
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- Stroup v. BridgerSupreme Court of Iowa · 1904
- State v. BelvelSupreme Court of Iowa · 1893
- Farmers Handy Wagon Co. v. Casualty Co. of AmericaSupreme Court of Iowa · 1918
- Weitnaur v. WeitnaurSupreme Court of Iowa · 1902
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