Wright v. Voorhees
Supreme Court of Iowa
Appeal from Gass District Court. —Hon. A. B. Thornell, Judge. Action to recover possession of two horses held by defendant Voorhees under a chattel mortgage given by plaintiff to said defendant to secure payment of “one note for $42.94, dated December 26, 1896, due September 1, 1897, and one note for $100.00' dated December 30, 1896, due December 30, 1897, together with any further advances made or indebtedness owing by said mortgagor to said mortgagee including all renewals…
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Appeal from Gass District Court. —Hon. A. B. Thornell, Judge. Action to recover possession of two horses held by defendant Voorhees under a chattel mortgage given by plaintiff to said defendant to secure payment of “one note for $42.94, dated December 26, 1896, due September 1, 1897, and one note for $100.00' dated December 30, 1896, due December 30, 1897, together with any further advances made or indebtedness owing by said mortgagor to said mortgagee including all renewals thereof until this mortgage is can-celled, all of which is secured hereby.” It is substantially clear that the $100…
1Opinion of the Court
McClain, C. J.—
The errors assigned relate to the giving of instructions and the overruling of various grounds of a motion in arrest of judgment and for judgment notwithstanding the verdict. But, as the errors argued relate to the theory on which the case was submitted to the jury, they may be discussed without setting out specifically the instructions objected to or the grounds of the motion.
1. chattel moetadvances: terRen. The theory of the trial court was that when the notes specified in the mortgage, one of which it is conceded was to cover advances to be made, were fully paid and…
2Cases cited19 opinions
- Packard v. KingmanSupreme Court of Iowa · 1860
- Deeley v. . DwightNew York Court of Appeals · 1892
- McDaniels v. ColvinSupreme Court of Vermont · 1844
- Moran v. GardemeyerCalifornia Supreme Court · 1889
- Cayce v. StovallMississippi Supreme Court · 1874
14 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First Nat. Bank of Ardmore v. GillamSupreme Court of Oklahoma · 1927
- Reese v. LampSupreme Court of Iowa · 1923
- Rutherford v. Edward L. Eyre & Co.Oregon Supreme Court · 1944