Gregg v. Spencer
Supreme Court of Iowa
Appeal from, Ringgold District Court. — :Hon. W. H. Tedeord, Judge. This action was commenced to recover judgment against the defendants upon three promissory notes executed by the defendant Spencer, and for the foreclosure of a chattel mortgage given by Spencer to secure the payment of the notes.
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Appeal from, Ringgold District Court. — :Hon. W. H. Tedeord, Judge. This action was commenced to recover judgment against the defendants upon three promissory notes executed by the defendant Spencer, and for the foreclosure of a chattel mortgage given by Spencer to secure the payment of the notes. Spencer answered the petition, and filed a cross petition against his ■codefendant to recover for an alleged breach of warranty and false and fraudulent representations, by which he was induced to purchase a stallion from the defendant Shrimplin. The cause was heard as an equitable action, and…
1Opinion of the CourtEothroct, J.
I. The questions presented by the appeal will be understood by a plain statement of facts, without repetition of the pleadings. The defendant Shrimplin was the owner of a stallion, which he sold to the defendant Spencer for one thousand dollars. No money was paid on the purchase. The sale was entirely on credit, and Spencer executed three promissory notes to Shrimplin, and a mortgage on the stallion, to secure the purchase money. The notes were transferred by Shrimplin to Park Gregg, the plaintiff, before they became due, and the mortgage on the- horse was assigned to the plaintiff. It is…
2Cases cited2 opinions
- Mitchell v. ColbySupreme Court of Iowa · 1895
- Mellerup v. Travelers' InsuranceSupreme Court of Iowa · 1895
3Cited by3 opinions
- McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
- City of Fort Madison v. MooreSupreme Court of Iowa · 1899
- Richardson v. CarltonSupreme Court of Iowa · 1899