Conover v. Earl
Supreme Court of Iowa
Appeal from, Allamaltee District Court. Personalty : tenants in common : conversion, etc.— Tbis is an action iu the nature of trover by one joint tenant in personal property against a co-tenant. One Sackett was the owner of a promissory note, secured -by mortgage, made by one W. C. Earl (son of the defendant) and one Augustine Hersey. Being the owner of this note, Sackett' sold and assigned by piecemeal (so the petition alleges), to four persons, distinct portions thereof.
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Appeal from, Allamaltee District Court. Personalty : tenants in common : conversion, etc.— Tbis is an action iu the nature of trover by one joint tenant in personal property against a co-tenant. One Sackett was the owner of a promissory note, secured -by mortgage, made by one W. C. Earl (son of the defendant) and one Augustine Hersey. Being the owner of this note, Sackett' sold and assigned by piecemeal (so the petition alleges), to four persons, distinct portions thereof. One McCoy became possessed of one of these shares, and his right was afterward assigned to the plaintiffs in this action.…
1Opinion of the Court
Dillon, Ch. J.
1. Tenancy in common: of chose in action: trover. — I. Appellant makes a point which if well taken would be decisive against the plaintiff. It is this: a promissory note cannot legally be assigned by piecemeal to different personst jpence the plaintiff’s assignor, McCoy, acquired nothing by the assignment of a portion (the onefourtli part) of the note to him; and, acquiring nothing, at least at law, it is impossible that the defendant could be liable at law for a conversion. This is a mistake. It may be true that a note connot be parceled out by the' holder, so as to render the…
2Cases cited1 opinion
- Frans v. YoungSupreme Court of Iowa · 1868
3Cited by10 opinions
- Hoover v. HallerNebraska Supreme Court · 1946
- Blake v. WeidenNew York Court of Appeals · 1943
- Robinson v. DickeyIndiana Supreme Court · 1896
- McAnulty v. PeisenSupreme Court of Iowa · 1929
- Martin v. FritzSupreme Court of Iowa · 1922
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