John Miller Co. v. Harvey Mercantile Co.
North Dakota Supreme Court
Action in tbe nature of sequestration proceedings in District Court, Wells County, Coffey, J. From a judgment of dismissal tbe plaintiff bas appealed and demands a trial de novo.
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Action in tbe nature of sequestration proceedings in District Court, Wells County, Coffey, J. From a judgment of dismissal tbe plaintiff bas appealed and demands a trial de novo. A second mortgagee may maintain an action for conversion against tbe first mortgagee for tbe wrongful conversion of tbe property covered by two mortgages, and recover as damages tbe value of tbe property converted, up to tbe amount due on bis lien, less tbe amount due upon tbe prior liens beld by tbe first mortgagee. Lovejoy v. Bank, 5 N. D. 623, 67 N. W. 956. If, in tbis case, it appeared that tbe amount of…
1Opinion of the CourtBronson, J.
Statement. — This is an action in the nature of a statutory sequestration proceeding. The plaintiff has appealed from a judgment of dismissal. This case was before this court formerly upon an appeal from an order overruling a demurrer to the complaint. 38 N. D. 531, 550, 165 N. W. 558. This court then held the complaint to state a cause of action in that it not only charged preferential conveyances made, but also a joint scheme and conspiracy to place property and assets of the Harvey Mercantile Company beyond the reach of *508the plaintiff and other creditors similarly situated, and to divide…
Also in this document: Concurrence.
2Cases cited13 opinions
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Watkins v. American Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Miller v. Belvy Oil Co.Court of Appeals for the Eighth Circuit · 1917
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Davis v. HauschildSupreme Court of Missouri · 1951
- Farmers Ins. Exchange v. ArltNorth Dakota Supreme Court · 1953
- Grey Bear v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 2002
- Alerus Financial, N.A. v. Marcil Group Inc.North Dakota Supreme Court · 2011
- Hildenbrand v. Capital RV Center, Inc.North Dakota Supreme Court · 2011
5 more not listed; retrieve them via the Exa API.