Legal Opinion

Callanan v. Brown & Co.

Supreme Court of Iowa

Decided April 21, 1871PublishedCited by 19 opinions

Appeal from Polh ■ Cvrcuit Oourt. The plaintiff, in Ms petition, states that on the 26th day of February, 1868, the defendants applied to him to sell certain bonds, and represented to plaintiff that they were contractors with the city of Memphis, in the State of Tennessee, for paving certain streets in said city with Nicolson pavement; that they had received, and were further to receive, on such contract, certain bonds of said city of Memphis, issued and to be issued…

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Appeal from Polh ■ Cvrcuit Oourt. The plaintiff, in Ms petition, states that on the 26th day of February, 1868, the defendants applied to him to sell certain bonds, and represented to plaintiff that they were contractors with the city of Memphis, in the State of Tennessee, for paving certain streets in said city with Nicolson pavement; that they had received, and were further to receive, on such contract, certain bonds of said city of Memphis, issued and to be issued therefor, and exhibited to plaintiff the contract under which they were doing said paving; that they further represented to…

1Opinion of the CourtMiller, J.

— I. We will first dispose of the questions involved in the ruling on the demurrer to the petition.

^municipal corporations, 1. The bonds described in the petition are personal property. This has been the holding of nearly all cases ^ which ^the question has been made; and being evidences of debt, they are in Iowa declared to be personal property, by express statutory provision, as follows: “ The words ‘ personal property’ include money, goods, chattels, evidences of debt, and things in action.” Dev., subd. 9 of § 29.

2. This class of securities, by the form in which they are issued and the…

2Cases cited19 opinions

  1. Thornton v. WynnSupreme Court of the United States · 1827
  2. Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
  3. White v. Vermont & Massachusetts RailroadSupreme Court of the United States · 1859
  4. Milton v. RowlandSupreme Court of Alabama · 1847
  5. Kellogg v. DenslowSupreme Court of Connecticut · 1841

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3Cited by19 opinions

  1. Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
  2. Stoke v. ConverseSupreme Court of Iowa · 1911
  3. Latham v. ShipleySupreme Court of Iowa · 1892
  4. Sickles v. Dallas Center BankSupreme Court of Iowa · 1890
  5. American Fruit Product Co. v. Davenport Vinegar & Pickling WorksSupreme Court of Iowa · 1915

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