Scudder v. Delashmut
Supreme Court of Iowa
Appeal from the Des Moines District Court-. O. M. Wilcox and M. J. Delaslimut being in partnership, on the ? 9th day of July, 1856, they dissolved, and the latter sold his interest to Wilcox. At the same time, Wilcox executed to Delaslimut, a mortgage on the stock, to secure the payment of the sum of fourteen hundred and twenty-ñve dollars, the purchase money. On the 22d of July, M. J. Delaslimut assigned the mortgage to. W. W. Delaslimut.
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Appeal from the Des Moines District Court-. O. M. Wilcox and M. J. Delaslimut being in partnership, on the ? 9th day of July, 1856, they dissolved, and the latter sold his interest to Wilcox. At the same time, Wilcox executed to Delaslimut, a mortgage on the stock, to secure the payment of the sum of fourteen hundred and twenty-ñve dollars, the purchase money. On the 22d of July, M. J. Delaslimut assigned the mortgage to. W. W. Delaslimut. On the 26th of August, this plaintiff, and others; in their respective suits, attached the same goods in the hands of Wilcox, and on the same day W. W.…
1Opinion of the CourtWoodward, J.
The interrogatories to the garnishee might have been carried somewhat farther, to show the consideration of the assignment from M. J. to W. W. Delashmut, but this was probably admitted to be unquestionable. There is nothing throwing suspicion upon it, and it is to be taken as a Iona fide transaction.
The question presented to this court is, whether. the court below was correct in the instruction given, and in the refusal of that which was asked by the plaintiff. It is true, that as a rule, the partnership creditors have a priority of right in the partnership property. But what is the meaning…
2Cited by7 opinions
- Loving v. PairoSupreme Court of Iowa · 1860
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
- Poole, Gilliam & Co. v. SeneySupreme Court of Iowa · 1885
- Cox v. RussellSupreme Court of Iowa · 1876
- George v. WamsleySupreme Court of Iowa · 1884
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