Starr Bros. v. Stevenson
Supreme Court of Iowa
Appeal from Dallas District Court, — Hon. A. W. Wilkinson, Judge. Separate actions by appellees, Starr Bros, and Bush & Sprague, to recover a quantity of flour which they had sold to one L. G. Hetsel, and by him sold to one George Leonard, and by Leonard sold to appellants.
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Appeal from Dallas District Court, — Hon. A. W. Wilkinson, Judge. Separate actions by appellees, Starr Bros, and Bush & Sprague, to recover a quantity of flour which they had sold to one L. G. Hetsel, and by him sold to one George Leonard, and by Leonard sold to appellants. They alleged that no title to the flour passed to Hetsel, for the reason that his pretended purchase was in fraud of the right of appellees; that at the time of the purchase he was insolvent, which he well knew, and that he did not intend to pay for the goods, but, on the contrary, intended to cheat and defraud appellees…
1Opinion of the CourtDeemer, J.
*6871 *685For some time prior to the twenty-fourth day of August, 1892, one L. G. Hetsel was engaged in the grocery business in the city of Omaha, Neb. In the early part of that year he ordered of Starr Bros., who were engaged in the milling business at Brock, Neb., through a member of the firm, one thousand sacks of flour, four hundred of which were to be shipped immediately, and if these gave satisfaction, the remainder were to follow in two weeks. The four hundred sacks were sent to Hetsel on August 5. Instead of taking possession of this shipment at Omaha, for which trade he had purchased the…
2Cases cited11 opinions
- Castle v. BullardSupreme Court of the United States · 1860
- Sillyman v. KingSupreme Court of Iowa · 1873
- Lane v. KrekleSupreme Court of Iowa · 1867
- Bidault v. WalesSupreme Court of Missouri · 1855
- Burrill v. StevensSupreme Judicial Court of Maine · 1882
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3Cited by29 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson CorporationCourt of Appeals for the Eighth Circuit · 1961
- United States Ex Rel. O'Donnell v. Countrywide Home Loans, Inc.Court of Appeals for the Second Circuit · 2016
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- City Deposit Bank v. GreenSupreme Court of Iowa · 1908
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