John V. Farwell Co. v. Stick

• Decision Date: 11 October 1895
• Parties: JOHN V. FARWELL CO. v. STICK ET AL. (STATE BANK BLDG. CO. ET AL., INTERVENERS.)
• Court: Iowa Supreme Court

96 Iowa 87

64 N.W. 614

JOHN V. FARWELL CO.

v.STICK ET AL. (STATE BANK BLDG. CO. ET AL., INTERVENERS.)

Supreme Court of Iowa.

Oct. 11, 1895.

Supplemental opinion. For original opinion, see 61 N. W. 565.

*614GRANGER, J.

In a petition for a rehearing, our attention is called to a statement in the opinion, as follows: “The case, in this particular, has been treated in argument as governed by the rules for marshaling assets, and, so treated, the result must be the same.” Counsel, on the application for a rehearing, are in contention as to the rule and its application. It will be seen that our disposition of the case is on other grounds as to the State Bank Building Company and M. A. & L. J. Stick, who are the only parties contending as to this particular question. With our conclusion that, because of the acts of the State Bank Building Company, its lien on the goods purchased by M. A. & L. J. Stick was lost, the statement in the opinion as to the application of the rule for marshaling assets is likely inaccurate; and as it is but incidental, and not important to the controlling thought of the opinion, it should be disregarded. The petition for a rehearing is overruled.