Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 107State of Iowa, 1899 - Law reports, digests, etc |
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Page 52
... Trust Funds : GENERAL ASSIGNMENT . A husband transacted his wife's business from their marriage , in 1858 , and in 1891 procured her indorsement to a certificate of deposit belonging to her and , procuring the money , loaned it , taking ...
... Trust Funds : GENERAL ASSIGNMENT . A husband transacted his wife's business from their marriage , in 1858 , and in 1891 procured her indorsement to a certificate of deposit belonging to her and , procuring the money , loaned it , taking ...
Page 53
... trust . There was a hearing on the merits , and a decree from which the defendants , H. H. Clay , assignee , and A. G. Chapman separately appeal . — Reversed . Boies & Boies for appellant Clay , assignee . Courtright & Arbuckle for ...
... trust . There was a hearing on the merits , and a decree from which the defendants , H. H. Clay , assignee , and A. G. Chapman separately appeal . — Reversed . Boies & Boies for appellant Clay , assignee . Courtright & Arbuckle for ...
Page 54
... trust for the sum thus obtained , with interest thereon , be decreed , and that the assignee be required to pay the amount thereof from the assets of the firm in his hands . The assignee denies liability , and asks , in case the claim ...
... trust for the sum thus obtained , with interest thereon , be decreed , and that the assignee be required to pay the amount thereof from the assets of the firm in his hands . The assignee denies liability , and asks , in case the claim ...
Page 56
... trust fund ; and , although it was mingled with the funds of the bank , and its identity was lost , we held that it was not essential to the enforcing of a trust that the money be traced into some specific property ; that , as the bank ...
... trust fund ; and , although it was mingled with the funds of the bank , and its identity was lost , we held that it was not essential to the enforcing of a trust that the money be traced into some specific property ; that , as the bank ...
Page 57
... trust as against the property in the hands of the assignee . II . The conclusion reached in regard to the trust which the plaintiff seeks to have established makes it unnecessary to consider at length the questions involved in the ...
... trust as against the property in the hands of the assignee . II . The conclusion reached in regard to the trust which the plaintiff seeks to have established makes it unnecessary to consider at length the questions involved in the ...
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Common terms and phrases
acres adverse possession AFFIRMED agent alleged amendment amount appellant appellee Applegate applied assessment assignment attorney authority Bank bond cause of action cents charge claim Code contract contributory negligence conveyance corporation Council Bluffs creditors debt deceased decedent DECEMBER 17 decree deed defendant defendant's demurrer district court District Court.-HON entitled estoppel evidence executed fact filed foreclosure fund held hundred dollars indebtedness indorsed injury instruction Insurance interest Iowa issue Judge judgment jurisdiction jury land levied liability lien loan mechanic's lien ment mortgage motion N. W. Rep negligence notice objection owner paid parties payment person petition plaintiff pleaded Polk county possession premium proceedings purchase question Railroad Railway real estate reason received recover rendered resulting trust rule Smith statute suit sustained testator thereof thousand dollars tion usury verdict Woodbury county
Popular passages
Page 113 - Every act shall embrace but one subject and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 347 - The Assistant Attorney General having taken this appeal, it will be presumed, in the absence of a showing to the contrary, that he acted, in so doing, under the supervision and control of the Attorney General.
Page 627 - that the reason why money cannot be followed is, because it has no ear-mark:" but this is not true. The true reason is, upon account of the currency of it: it cannot be recovered after it has passed in currency. So in case of money stolen, the true owner cannot recover it; after it has been paid away fairly and honestly upon a valuable and bona fide consideration: but before money has passed in currency, an action may be brought for the money itself.
Page 449 - ... of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the...
Page 449 - ... nor shall any such company or any officer, agent, solicitor or representative thereof, pay, allow or give, or offer to pay, allow or give, directly or indirectly as inducement to insurance, any rebate of premium payable on the policy, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any paid employment or contract for services of any kind or any valuable consideration or inducement whatever not specified in the policy contract of insurance...
Page 348 - It must be direct and certain as it regards: (1) The party charged; (2) the offense charged; (3) the particular circumstances of the offense charged, when they are necessary to constitute a complete offense.
Page 707 - Section 124 requires no more than that the indictment must be direct and certain as regards the offense charged. Subsection 2 of section 122 is as follows: "The indictment must contain • * * a statement of the acts constituting the offense, In ordinary and concise language, and In such a manner as to enable a person of common understanding to know what is intended...
Page 627 - ... the title. But it is generally impracticable to trace the source from which the possessor of money has derived it. It would introduce great confusion into commercial dealings if the creditor who receives money in payment of a debt is subject to the risk of accounting therefor to a third person who may be able to show that the debtor obtained it from him by felony or fraud.
Page 479 - This question was objected to. ; but the objection was overruled, and the witness answered that he put a door on afterwards.
Page 683 - Every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other...