Clark v. Hyman
Supreme Court of Iowa
Appeal from Polla Gvrcuit Gowt. On the 14th day of November, 1878, the defendant .Ike Hyman executed to his brother, Joseph Hyman, a chattel mortgage upon all his stock of hats, caps, furs, gloves, robes, umbrellas, jewelry and gent’s furnishing goods and fixtures, in his two storerooms situated at numbers 402 and 411, Walnut street, Des Moines. On the 29th day of November, 1878, the defendant Ike Hyman executed to Goldman & Hyman a chattel mortgage upon the same' property.
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Appeal from Polla Gvrcuit Gowt. On the 14th day of November, 1878, the defendant .Ike Hyman executed to his brother, Joseph Hyman, a chattel mortgage upon all his stock of hats, caps, furs, gloves, robes, umbrellas, jewelry and gent’s furnishing goods and fixtures, in his two storerooms situated at numbers 402 and 411, Walnut street, Des Moines. On the 29th day of November, 1878, the defendant Ike Hyman executed to Goldman & Hyman a chattel mortgage upon the same' property. On the 29th day of November, 1878, but after the execution of the mortgage last aforesaid, Eddy, Harvey & Go. and Sweet,…
1Opinion of the CourtDay, J.
— I. As to the mortgage to Goldman & Hyman. This mortgage is dated November 29, 1878, and is for the expressed consideration of one thousand dollars, and is conditioned as follows: “That if the said Ike Hyman shall save the said Goldman & Hyman harmless as guarantors for him, and save them from loss by reason of their said guarantee heretofore made on his account, then these presents to be void, otherwise in full force.”
The guaranty referred to in this mortgage is as follows: “Eor and in consideration of the sum of one dollar to us in hand paid, by Messx's. E. Eoi’sch & Co., the receipt of…
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