Warner v. Jameson
Supreme Court of Iowa
Appeal from Hardin Circuit Court. It is averred in the petition that on the 28th day of June, 1877, the defendant, Jameson, executed and delivered bis written order to the plaintiff for a fire-proof safe, for which said Jameson was to pay $192, in four equal installments, in six, eight, ten and twelve months, for which sums he gave his four promissory notes; that said order provided that until said notes were paid the title to said safe should not pass, but that the same…
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Appeal from Hardin Circuit Court. It is averred in the petition that on the 28th day of June, 1877, the defendant, Jameson, executed and delivered bis written order to the plaintiff for a fire-proof safe, for which said Jameson was to pay $192, in four equal installments, in six, eight, ten and twelve months, for which sums he gave his four promissory notes; that said order provided that until said notes were paid the title to said safe should not pass, but that the same should remain the property of plaintiff, and in default of payment plaintiff should have the right to take possession, and…
1Opinion of the CourtRothrock, J.
Section 1922 of the Code provides that “no sale, contract, or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any creditor or purchaser of the vendee or lessee, in actual possession obtained in pursuance thereof, without notice, unless the same be in writing, executed by the vendor or lessor, acknowledged and recorded the same as chattel mortgages.”
It is contended by counsel for appellant that as there is no averment in the petition charging the creditors of Jameson with notice of the agreement by which the…
2Cases cited2 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Bailey v. HarrisSupreme Court of Iowa · 1859
3Cited by19 opinions
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- International Harvester Co. of America v. PoduskaSupreme Court of Iowa · 1930
- Moline Plow Co. v. BradenSupreme Court of Iowa · 1887
- Prouty v. ClarkSupreme Court of Iowa · 1887
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