Turrill v. McCarthy
Supreme Court of Iowa
Appeal from Greene District Court. — Hon. Z. A. Church, Judge. E. K. McCarthy was tbe postmaster at Jefferson, in this state, and tbe owner of certain furniture and fixtures used in connection with bis office. Plaintiff is bis successor, duly appointed, but at tbe time of tbe transactions in question bad not assumed tbe duties of tbe position. 1 McCarthy made a general assignment for tbe benefit of bis creditors to tbe defendant Haag.
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Appeal from Greene District Court. — Hon. Z. A. Church, Judge. E. K. McCarthy was tbe postmaster at Jefferson, in this state, and tbe owner of certain furniture and fixtures used in connection with bis office. Plaintiff is bis successor, duly appointed, but at tbe time of tbe transactions in question bad not assumed tbe duties of tbe position. 1 McCarthy made a general assignment for tbe benefit of bis creditors to tbe defendant Haag. Tbe terms of this instrument, in so far as they are significant, will be given later. Thereafter McCarthy sold the office fixtures and furniture to plaintiff…
1Opinion of the Court
Waterman, J.-
2 The deed of assignment to Haag purported, in terms, to be made under the provisions of chapter 7, title 14, of the Code of 1873, which relates to general assignments for the benefit of creditors. In the body of the instrument it is recited that conveyance is made of all property of every kind, “except such as is by law exempt from execution.” Then follow the usual provisions of a deed of general assignment with relation to distribution of the proceeds to creditors. The instrument also contains this language: “Annexed hereto, marked 'Exhibit A/ and' made a part hereof, is an…
2Cases cited4 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Loring & Co. v. SmallSupreme Court of Iowa · 1878
- Buck Reiner Co. v. Chase & WordenSupreme Court of Iowa · 1892
- LeMoyne v. BradenSupreme Court of Iowa · 1893