Powell v. Hardy
Supreme Court of Minnesota
Action in tbe district court for Cass county to recover $300 and interest for tbe conversion of a borse, cow and wagon. Tbe case was tried before McClenabab, J., and a jury wbicb, under tbe instruction of- tbe court, rendered a verdict in favor of plaintiff for the value of tbe property, wbicb was found to be $250. From an order denying a motion for judgment notwithstanding the verdiet or for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
In 1897 one Allee, a resident of Cass county, then unorganized, executed a chattel mortgage upon certain personal property to J. B. Dexter, and in 1899 Allee gave a second mortgage to Bertelsen & Co. upon the same property, but no mention was made of that previously given. The first mortgage was foreclosed October 15, 1900, and the property purchased at the sale by plaintiff, who immediately thereafter redelivered it to the mortgagor, his brother-in-law. Thereafter Bertelsen & Co. attempted to foreclose the second mortgage, and made demand upon the mortgagor for the property, which being…
2Cited by5 opinions
- Evans Electrical Const. Co. v. Wm. S. Lozier, Inc.District Court, W.D. Missouri · 1946
- Lutgen v. Board of County CommissionersSupreme Court of Minnesota · 1906
- State Bank of Loretto v. LooseSupreme Court of Minnesota · 1936
- Jankowitz v. KaplanSupreme Court of Minnesota · 1917
- State & Port Authority v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1946