71 Iowa 34 | Iowa | 1887
We think that the plaintiff should not have had the judgment for the $16.40 entrance money. The agreed statement of facts shows, that the money belonged to Mrs. Garman, and was paid for the purpose of entering her horses as competitors for premiums. The fact that her husband entered the horses in his own name did not preclude her from claiming that repayment should be made to her. Of course, as the horses were entered in the husband’s name, if the society had refunded the entrance fees to him without notice of the wife’s ownership of it, she could not recover of the society. But the money is not paid, and it should be refunded to tne party actually entitled thereto. It is conceded that it was
In the case of Lormer v. Allyn, 64 Iowa, 725, a chattel mortgage was executed upon a stock of groceries. The mortgage purported to cover “ all books of account and rights of credit arising out of said business.” It was held that the mortgage did not include li rights of credit arising out' of the business ” after the executihn of the mortgage, but such only as had accrued before that time. That holding was based upon the rule that a chattel mortgage will not be deemed to cover after-acquired property, unless the intention that it should is clearly expressed.”
In our opinion the mortgage in the case^at bar must be held subject to the same rule. There is no reference therein to the future earnings of the horse; and, in the absence of such a provision, such earnings cannot be held to be included in the mortgage. The judgment of the circuit court in favor of the plaintiff for premiums earned was therefore correct. But the intervener should have been awarded, the sum of $16.40, being the money paid by her for the entrance of her own horses.
Modified and Affirmed.