Deland v. Miller & Cheney Bank
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. F. B. Gaynor, Judge. Action for the conversion of certain personal property, said to have been owned by one Martin Peterson, who has been adjudged a bankrupt by the federal courts. Defendants denied the alleged conversion, and pleaded that they held the property under certain chattel mortgages executed by Peterson. The case was tried to the court without a jury, resulting in a judgment for defendants. Plaintiff appeals. —
1Opinion of the CourtDeemer, J.
*3701. insolvency: mortgagor, *369May 22, 1900, Martin Peterson was adjudged a bankrupt, and plaintiff was appointed trustee of his estate. On March 2, 1900, Peterson and wife executed a chattel mortgage on the property in controversy to the Miller & Cheney Bank to secure a sum of money due that bank. It is contended that this mortgage is invalid, because it gave defendants a preference over other creditors, in that it was executed within four months prior to the' time Peterson, the maker, was declared a bankrupt; because, under the state law, it is invalid for the reason that it Was not recorded; and…
2Cases cited4 opinions
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Barbour v. PriestSupreme Court of the United States · 1881
- Mueller v. BrussWisconsin Supreme Court · 1901
- Boudinot v. HamannSupreme Court of Iowa · 1902
3Cited by18 opinions
- Crary v. KurtzSupreme Court of Iowa · 1906
- Kies v. WilkinsonWashington Supreme Court · 1918
- Des Moines Savings Bank v. Morgan Jewelry Co.Supreme Court of Iowa · 1904
- Burnham v. Fort Dodge Grocery Co.Supreme Court of Iowa · 1909
- Seager v. ArmstrongSupreme Court of Minnesota · 1905
13 more not listed; retrieve them via the Exa API.