Gorman v. Hellberg
Supreme Court of Iowa
Appeal from Jones District Court. — Milo P. Smith, Judge. Action by the plaintiff, as trustee in bankruptcy, to recover the possession or the value of a certain stock of goods sold by the bankrupt to the defendant. There was a directed verdict for the plaintiff, and the defendant appeals. —
1Opinion of the CourtEvans, C. J.
— Under the allegations of the petition, the right of recovery is predicated upon two grounds:(1) That the defendant purchased the entire stock of goods of the bankrupt debtor in violation of the Bulk Sales statute, Chapter 64, Acts of the Thirty-seventh General Assembly.(2) That the purchase was made within four months prior to the adjudication of bankruptcy, and that it was void, as a preference, under the Federal bankruptcy law.
The verdict was directed on the first ground. Clearly, the evidence would not sustain a directed verdict on the second ground. We have need to deal, therefore, only…
2Cases cited1 opinion
- Des Moines Packing Co. v. UncaphorSupreme Court of Iowa · 1916
3Cited by6 opinions
- Evans v. HerbransonSupreme Court of Iowa · 1950
- Faeth Co. v. BressieSupreme Court of Kansas · 1928
- State v. Eagle Petroleum CompanySupreme Court of Iowa · 1967
- Englewood State Bank v. TegtmanSupreme Court of Colorado · 1929
- Hronik v. WartySupreme Court of Iowa · 1928
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