King v. Wallace Bros.
Supreme Court of Iowa
Appeal from Page District Court. — Hon. H. E. Deemer, Judge. Action to recover possession of a certain stock of merchandise. Trial to a jury. Yerdict and judgment for defendants. Plaintiff appeals, assigning as errors the admitting and refusing certain testimony on the trial, the giving of certain instructions, overruling the plaintiff’s motion for new trial, and in rendering judgment on the verdict.
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Appeal from Page District Court. — Hon. H. E. Deemer, Judge. Action to recover possession of a certain stock of merchandise. Trial to a jury. Yerdict and judgment for defendants. Plaintiff appeals, assigning as errors the admitting and refusing certain testimony on the trial, the giving of certain instructions, overruling the plaintiff’s motion for new trial, and in rendering judgment on the verdict. The following facts, which appear without controversy, or by decided preponderance of the evidence, are necessary to be stated to a correct understanding of the case: The merchandise in question…
1Opinion of the CourtGiven, C. J.
1. Chattel mortgages: recording in wrong county: priority: possession by mortgagor. I. It will be seen by the foregoing statement that there is no controversy as to the validity of the mortgages under which each party claims, nor' as to their priority of date. It appears beyond question that at the time each of said mortgages was executed and delivered by J. A. Frink he was a resident of Ida county; that Frank Frink had the immediate custody and control of the mortgaged property, with authority to carry on business in the usual course of retail trade, to add to the stock by purchases, make…
2Cases cited7 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Stewart & Brown v. SmithSupreme Court of Iowa · 1882
- Campbell v. HamiltonSupreme Court of Iowa · 1884
- Smith v. ChampneySupreme Court of Iowa · 1878
- Lufkin & Wilson v. PrestonSupreme Court of Iowa · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Haller v. ParrottSupreme Court of Iowa · 1891
- National Bank v. O'BrienSupreme Court of Iowa · 1923
- Cattle Owners Corp. v. ArkinDistrict Court, S.D. Iowa · 1966
- Wilson v. KelsoSupreme Court of Iowa · 1958
- Dysart Savings Bank v. WeinsteinSupreme Court of Iowa · 1911
4 more not listed; retrieve them via the Exa API.