Falker v. Linehan
Supreme Court of Iowa
Appeal from Dubuque District Coivrt. — Hon. J. L. Hosted, Judge. The plaintiffs, judgment creditors of the defendant, H. D. Kelley, who is insolvent, bring this action in equity to declare a certain chattel mortgage and bill of sale executed by the defendant Kelley to the defendant Linehan void, and to subject money in the hands of the defendant J. J. Dunn, derived from the sale of part of the mortgaged property, to the payment of their judgments.
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Appeal from Dubuque District Coivrt. — Hon. J. L. Hosted, Judge. The plaintiffs, judgment creditors of the defendant, H. D. Kelley, who is insolvent, bring this action in equity to declare a certain chattel mortgage and bill of sale executed by the defendant Kelley to the defendant Linehan void, and to subject money in the hands of the defendant J. J. Dunn, derived from the sale of part of the mortgaged property, to the payment of their judgments. Judgment was entered, dismissing the plaintiffs’ bill, and for costs, from which the plaintiffs appeal. The issues and facts appear in the opinion.
1Opinion of the CourtGiven, J.
There is no dispute as to the following facts: For some years next preceding June 10, 1889, the defendant Kelley was engaged in the retail grocery business in the city of Dubuque, having three stores, one at number 737 Main street, one at 1179 Iowa street, and one at number 5 South Locust street. On May 16, 1888, the defendant Kelley executed a chattel mortgage to the defendant Linehan on all of the goods and fixtures in said stores, “and all additions that may be hereafter made to said stocks,” and on a delivery horse and wagons, to secure an existing indebtedness of one thousand, four…
2Cases cited8 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Van Patten v. BurrSupreme Court of Iowa · 1879
- Cadwell's Bank v. CrittendenSupreme Court of Iowa · 1885
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Perry v. VezinaSupreme Court of Iowa · 1884
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3Cited by11 opinions
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- Palo Savings Bank v. CameronSupreme Court of Iowa · 1918
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