Jones v. Chesebrough
Supreme Court of Iowa
Appeal from Muscatine District Court. — Hon. William E. Brannan, Judge. The plaintiff is the assignee of Nebergall Bros., and the defendants are assignees of A. A. Ball & Go., both firms having made assignments for the benefit of creditors.
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Appeal from Muscatine District Court. — Hon. William E. Brannan, Judge. The plaintiff is the assignee of Nebergall Bros., and the defendants are assignees of A. A. Ball & Go., both firms having made assignments for the benefit of creditors. The cause was submitted on the following agreed statements of facts: “(1) That on December 12, 1895, E. L. Nebergall and J. A. Nebergall, as Nebergall Brothers, in the boot and shoe business at West Liberty, Iowa, made a. general assignment to the plaintiff, who accepted the trust. (2) That the defendants are assignees of A. A. Ball & Co., and of A. A.…
1Opinion of the CourtGeangkee, J.
— In Plow Co. v. Lamp, 80 Iowa, 722; Independent District of Boyer v. King, 80 Iowa, 498; and in Nurse v. Satterlee, 81 Iowa, 491, this court sustained preference where, under an assignment for the benefit of creditors, the assignee or agent wrongfully deposited funds in an insolvent bank, that were received *306with knowledge of their trust character where the money deposited had been placed with the several funds of the bank, and used in the payment of debts or the business of the bank, in a way that the identical money could not be traced or other property found into which it had been placed.…
2Cases cited3 opinions
- Davenport Plow Co. v. LampSupreme Court of Iowa · 1890
- Slater v. the Oriental MillsSupreme Court of Rhode Island · 1893
- Nurse v. SatterleeSupreme Court of Iowa · 1890
3Cited by25 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- Whitcomb v. CarpenterSupreme Court of Iowa · 1907
- Page County v. RoseSupreme Court of Iowa · 1906
- Leach v. Iowa State Savings BankSupreme Court of Iowa · 1927
- Bradley v. ChesebroughSupreme Court of Iowa · 1900
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