Legal Opinion

In re the Assignment of J. T. Knapp & Co.

Supreme Court of Iowa

Decided April 8, 1897PublishedCited by 12 opinions

Appeal from Black Hawk District Court. — Hon. A. S. Blair, Judge. J. T. Knapp & Co., in August, 1898, were engaged in banking at Cedar Falls, Iowa.

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Appeal from Black Hawk District Court. — Hon. A. S. Blair, Judge. J. T. Knapp & Co., in August, 1898, were engaged in banking at Cedar Falls, Iowa. At that time appellant, Maude Farnham, was a minor, and one I, D, Grilkey was her guardian, and as such, had in his custody money belonging to his ward in the sum of about five hundred forty-eight dollars and sixty-three cents, which he deposited with J. T. Knapp & Co. on August 9, 1898. On the twenty-second day of the same month J. T. Knapp & Co. made an assignment for the benefit of their creditors, with H. H. Clay as assignee. Within three…

1Opinion of the CourtGranger, J.

1 I. It does not seem to have been the thought of the court below, nor of counsel for appellee, but that the claim could have been established as a preferred one by timely and proper proceedings therefor. It is urged that the claim, not being filed within the three months, cannot be allowed. By this is meant the petition in this proceeding, and not the claim for payment, for that was admittedly filed within the three months. This is simply an application to have the claim already filed made a preferred one. The statute as to filing claims within three months has no reference to such…

2Cases cited3 opinions

  1. Independent District v. KingSupreme Court of Iowa · 1890
  2. Davenport Plow Co. v. LampSupreme Court of Iowa · 1890
  3. Wallace v. StoneMichigan Supreme Court · 1895

3Cited by12 opinions

  1. Officer v. OfficerSupreme Court of Iowa · 1903
  2. Bradley v. ChesebroughSupreme Court of Iowa · 1900
  3. Leach v. Farmers Savings BankSupreme Court of Iowa · 1927
  4. Andrew v. Farmers Sav. Bk. of GoldfieldSupreme Court of Iowa · 1929
  5. First State Bank v. OelkeSupreme Court of Iowa · 1910

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