Pope v. Porter
U.S. Circuit Court for the Southern District of Iowa
At Law. The plaintiffs, Pope & Davis, were the mortgagees of 5,000 bushels of corn. The mortgagor sold the same to the defendant, James Porter, who agreed to pay the mortgage debt as a part of the purchase price. Defendant sold the corn, and, refusing to pay plaintiffs the amount of the mortgage, they brought this action to recover under the agreement between the defendant and the mortgagees. Defendant demurred. Cummins & Wright, for plaintiffs.
1Opinion of the CourtShiras, J.
On the twenty-fourth day of February, 1881, one D. A. Cheney, a resident of Polk comity, Iowa, executed a chattel mortgage on *85,000 bushels of corn, stored in certain cribs, for the purpose of securing the payment of a note for $1,000, due to Pope & Davis, of Chicago, Illinois. On the twenty-ninth of October, 1881, Cheney sold the corn to the defendant, and executed a bill of sale thereof, in which it is provided that said corn “is subject to a- mortgage to Pope & Davis, of Chicago, Illinois, for $1,000, which mortgage said Porter hereby assumes and agrees to pay off and cancel.” The defendant…
2Cases cited5 opinions
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Cragin v. LovellSupreme Court of the United States · 1883
- Johnson v. KnappSupreme Court of Iowa · 1873
- Phillips v. Van SchaickSupreme Court of Iowa · 1873
- Scott's Administrators v. GilSupreme Court of Iowa · 1865
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