Summit Mercantile Co. v. Daigle
Supreme Court of Minnesota
Action, in the district court for'Itasca county to recover possession of certain property. The case was tried before Stanton, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for judgment notwithstanding the verdict and denying a new trial, defendant appealed.
1Opinion of the CourtBrown, C. J.
The short facts in this ease are that in December, 1912, defendant executed and delivered to plaintiff a chattel mortgage in due form upon the property here in question to secure the payment of an indebtedness owing to plaintiff, which, as expressed in the instrument, fell due on December 29, 1914. The indebtedness was not paid and plaintiff demanded possession of the property for the purpose of a foreclosure of the mortgage. On defendant’s refusal to surrender the same plaintiff brought this action in claim and delivery for the recovery thereof or its value. ' The due execution and delivery…
2Cases cited8 opinions
- Thompson v. Pioneer-Press Co.Supreme Court of Minnesota · 1887
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- Graham v. SavageSupreme Court of Minnesota · 1910
- McCall v. BushnellSupreme Court of Minnesota · 1889
- Goulet v. DubreuilleSupreme Court of Minnesota · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- P. A. Smith Co. v. MullerCalifornia Supreme Court · 1927
- Hruska v. Chandler Associates, Inc.Supreme Court of Minnesota · 1985
- Hamilton v. BoyceSupreme Court of Minnesota · 1951
- Hield v. ThybergSupreme Court of Minnesota · 1984
- Polzin v. LischefskaSupreme Court of Minnesota · 1925
2 more not listed; retrieve them via the Exa API.