Conlee Lumber Co. v. Meyer
Supreme Court of Iowa
Appeal from Scott Circuit Court. — Hon. Nathaniel French, Judge. George Ott made an assignment for the benefit of bis creditors on tbe twenty-seventh day of April, 1886, and on the same day his assignee qualified and gave notice of the assignment.
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Appeal from Scott Circuit Court. — Hon. Nathaniel French, Judge. George Ott made an assignment for the benefit of bis creditors on tbe twenty-seventh day of April, 1886, and on the same day his assignee qualified and gave notice of the assignment. The Conlee Lumber Company was a creditor of Ott, but failed to place its claim in the hands of the assignee until July 28, 1886. It instituted this proceeding to obtain an order directing the assignee to treat its claim as though presented within the time required by law, and to make payment of dividends accordingly. The circuit court refused to…
1Opinion of the CourtRobinson, J.
i assignment SetoOTs*01 ciaim°sf:fise"ciing by mail, I. It is first claimed by appellant that its proof of claim was received in Davenport, wkere the assignee resided, on the twenty-seventh day of July, 1886, and that, but for the neglect of the assignee, it would p^yg been received by him on that date. This claim is based upon the fact that the proof was mailed at Oshkosh, Wis., on the twenty-sixth of that month, and, in the ordinary course of the mails, should have been received at the post-office in Davenport at seven o’clock in the evening of the next day, or a little later. The assignee did…
2Cases cited2 opinions
- In re Assignment of HoltSupreme Court of Iowa · 1876
- Wisehart v. DietzSupreme Court of Iowa · 1885
3Cited by7 opinions
- Haaren v. MouldSupreme Court of Iowa · 1909
- Slater v. RocheSupreme Court of Iowa · 1910
- Hughes v. PottsCourt of Appeals of Texas · 1905
- Loomis v. GriffinSupreme Court of Iowa · 1889
- Carter v. LeeSupreme Court of Iowa · 1891
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