Lutz v. Kinney
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county; Q. E. Mach, District Judge: Action by Martin Lutz against William Kinney, Sheriff of Ormsby county, to recover for mortgaged goods sold under execution. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the State of Nevada, Ormsby county; Q. E. Mach, District Judge: Action by Martin Lutz against William Kinney, Sheriff of Ormsby county, to recover for mortgaged goods sold under execution. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The facts sufficiently appear in the opinion. I. The chattel mortgage in suit is fraudulent in law, and against public policy and void as against the creditors of Archer Baker, the mortgagor, by reason of the mortgage allowing Baker to remain in possession of the goods and sell…
1Opinion of the Court
The facts sufficiently appear in the opinion. On the 18th day of March, 1896, Archer Baker, who was at the time a retail grocer in failing circumstances, executed a mortgage on his stock of merchandise to the respondent to secure the payment of a loan of $700, a part of which sum was used in the discharge of an existing mortgage upon the same goods. The debt secured by the respondent's mortgage was evidenced by a promissory note, of the same date, payable on or before the 18th day of March, 1897. The mortgage expressly stipulated that until default in payment of the said sum, the mortgagor,…
2Cases cited14 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Robinson v. ElliottSupreme Court of the United States · 1875
- New v. SailorsIndiana Supreme Court · 1888
- Muncie National Bank v. BrownIndiana Supreme Court · 1887
- Fisher v. SyfersIndiana Supreme Court · 1887
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3Cited by1 opinion
- In re JohnsonDistrict Court, D. Nevada · 1904