Hughes v. Cory
Supreme Court of Iowa
Appeal from Winneshielc District Court. Chattel mortgage: retention oe possession by MORTGAGOR WITH RIGHT .TO USE AND SELL (BY RETAIL, IN THE-USUAL WAY), NOT “ CONCLUSIVE ” EVIDENCE OP PBAUD. — The plaintiff, a creditor of one G-. S. Dayton, in April, 1865, attached certain merchandise as the property of Dayton; and in June following, obtained judgment ■ against him for $1,669TW, and costs. At, and prior to the time this attachment was made, Reuben Gr.
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Appeal from Winneshielc District Court. Chattel mortgage: retention oe possession by MORTGAGOR WITH RIGHT .TO USE AND SELL (BY RETAIL, IN THE-USUAL WAY), NOT “ CONCLUSIVE ” EVIDENCE OP PBAUD. — The plaintiff, a creditor of one G-. S. Dayton, in April, 1865, attached certain merchandise as the property of Dayton; and in June following, obtained judgment ■ against him for $1,669TW, and costs. At, and prior to the time this attachment was made, Reuben Gr. Cory held, upon the same merchandise, a chattel mortgage executed to him by the said Dayton. This mortgage was duly acknowledged and recorded,…
1Opinion of the CourtDillon, J.
i. mortlolai prop-The only question presented for our determination is: Did the court err in holding the mortgage to be fraudulent on its face, and .void as against creditors, and in excluding the same as evidence ?
That such an instrument would, by the English courts, be deemed fraudulent at common law and under 13 Elizabeth, both because the mortgagor was allowed to retain possession and to make sales from the goods, must be admitted. Twynds Case, 1' Smith' Lead. Cas., with English and American notes; 2 Kent’s Com., 516 to 531.
And in most of the American States such an instrument *402would be…
2Cases cited8 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Torbert v. HaydenSupreme Court of Iowa · 1861
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
- Campbell v. LeonardSupreme Court of Iowa · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Mercantile Trust Co. v. WoodCourt of Appeals for the Eighth Circuit · 1894
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- A. Peiser & Co. v. PeticolasTexas Supreme Court · 1879
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