Campbell v. Leonard
Supreme Court of Iowa
Appeal from Scott District Court. On tbe 22d day of September, 1858, Parker & Spearing, who kept a livery stable in the city of Davenport, were indebted to plaintiff on two promissory notes executed by them, as follows: One for $75, dated March 9, 1858, and payable in ten days thereafter; and the other for $950, dated August 4th, 1858, and duo thirty days thereafter.
Read the full summary
Appeal from Scott District Court. On tbe 22d day of September, 1858, Parker & Spearing, who kept a livery stable in the city of Davenport, were indebted to plaintiff on two promissory notes executed by them, as follows: One for $75, dated March 9, 1858, and payable in ten days thereafter; and the other for $950, dated August 4th, 1858, and duo thirty days thereafter. On the 22d day of September following, both notes being then past due and unpaid, Parker & Spearing, in order to secure the payment of, said notes, executed to plaintiff a chattel mortgage on a lot of horses, carriages, sleighs,…
1Opinion of the CourtLowe, C. J.
The errors assigned raise three or four distinct questions.
1. Whether the retention of the property mortgaged after forfeiture by the mortgagors, under the circumstances detailed in the evidence and the stipulations of the parties in in the mortgage contract, constitute a legal fraud which the court may determine, or whether they are badges of a fraud*493ulent intent and want of good faith, open to explanation, which should he submitted to the jury.
2. Whether the mortgagors had any interest in the mortgaged property which was seizable on execution.
3. The improper introduction and exclusion of…
2Cases cited4 opinions
- Otis v. WoodNew York Supreme Court · 1830
- Srodes v. CavenSupreme Court of Pennsylvania · 1834
- Marsh v. LawrenceNew York Supreme Court · 1825
- Street v. Kellogg's ExecutorsMississippi Supreme Court · 1843
3Cited by13 opinions
- Hughes v. CorySupreme Court of Iowa · 1866
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Vanslyck v. Mills & Co.Supreme Court of Iowa · 1872
- Gordon v. HardinSupreme Court of Iowa · 1871
- Buck-Reiner Co. v. BeattySupreme Court of Iowa · 1891
8 more not listed; retrieve them via the Exa API.