In re Assignment of Windhorst
Supreme Court of Iowa
Appeal from Page District Gourt. — Hon. Walter I. Smith* Judge. The assignor, Otto Windhorst, on the thirteenth day of January, 1896, signed and delivered to Gauss, Shelton Hat Company, in St. Louis, Missouri, a note for nine hundred and 'fifteen dollars and ninety-five cents, and a chattel mortgage securing its payment, covering his stock of goods at Shenandoah, Iowa.
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Appeal from Page District Gourt. — Hon. Walter I. Smith* Judge. The assignor, Otto Windhorst, on the thirteenth day of January, 1896, signed and delivered to Gauss, Shelton Hat Company, in St. Louis, Missouri, a note for nine hundred and 'fifteen dollars and ninety-five cents, and a chattel mortgage securing its payment, covering his stock of goods at Shenandoah, Iowa. The mortgagee sent an attorney with Windhorst to take possession, and they arrived at Clarinda 1 the following day, where the mortgage was acknowledged, and Windhorst executed a deed of general assignment for the benefit of his…
1Opinion of the CourtLadd, J.
2 The mortgage- of the Gauss, Shelton Iiat Company was valid. It was signed and delivered in St. Louis, Missouri, January 13, 1896, in good faith, and to secure a valid indebtedness. That the company was not then advised of any intention on the part of the mortgagor to make a general assignment for the- benefit of his creditors appears from the testimony of its secretary, who settled the account and received the security, and of Windhorst, who swears that no such intention existed until the following day. This evidence is uncontradicted, and is not inconsistent with the circumstances…
2Cases cited10 opinions
- Gibson v. WardenSupreme Court of the United States · 1872
- Meyer v. EvansSupreme Court of Iowa · 1885
- Waters v. Cass County BankSupreme Court of Iowa · 1884
- Garner v. FrySupreme Court of Iowa · 1898
- Allen v. MoerSupreme Court of Iowa · 1864
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3Cited by9 opinions
- First National Bank of Grand Meadow v. Security Trust & Savings Bank of Charles CitySupreme Court of Iowa · 1921
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Parrott v. Chicago Great Western Ry. Co.Supreme Court of Iowa · 1905
- Simon Casady & Co. v. German Savings BankSupreme Court of Iowa · 1913
- Smith v. Sioux City Nursery & Seed Co.Supreme Court of Iowa · 1899
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