Cope v. Minnesota Type Foundry Co.
Montana Supreme Court
Appeal from District Court, Lewis and C la/rke County. Henry H. Blake, Judge. Action by George F. Cope, cashier, against the Minnesota Type-Foundry Company, J. Henry Jurgens, and Lucian • Eaves. A demurrer to the amended answer of defendants Jurgens and the Foundry Company was sustained. Judgment for plaintiff on the pleadings was entered, and said defendants appeal. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Lewis and C la/rke County. Henry H. Blake, Judge. Action by George F. Cope, cashier, against the Minnesota Type-Foundry Company, J. Henry Jurgens, and Lucian • Eaves. A demurrer to the amended answer of defendants Jurgens and the Foundry Company was sustained. Judgment for plaintiff on the pleadings was entered, and said defendants appeal. Statement of the case by the justice delivering the opinion. On March 30, 1895, a chattel mortgage upon certain personal property in the City of Helena was signed to secure the payment of certain promissory notes of even date…
1Opinion of the CourtBuck, J.
The affidavit of March 14, 1895, attached to the chattel mortgage executed to the Minnesota Type-Foundry' company, was wholly insufficient. At the time said affidavit was made, Section 1538, Compiled Statutes 1887, was in force. Said section required a chattel mortgage to be accompanied by an affidavit of all the parties thereto.
This section is as follows : £[No mortgage of goods, chattels or personal property shall be valid as against the rights and interests of any other person than the parties thereto, unless the possession of such goods, chattels or personal property be delivered to and…
2Cited by4 opinions
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- Westheimer v. GoodkindMontana Supreme Court · 1900
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- Empire State Mining Co. v. MitchellMontana Supreme Court · 1903