Advance Thresher Co. v. Schmidt
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. J. W. Jones, Judge. Action for the conversion of personal property. From a judgment in favor of defendants, and from an order denying plaintiff’s motion for a new trial, it appeals. The facts are stated in the opinion. The description in the mortgage was insufficient.
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Appeal from circuit court, McCook county. Hon. J. W. Jones, Judge. Action for the conversion of personal property. From a judgment in favor of defendants, and from an order denying plaintiff’s motion for a new trial, it appeals. The facts are stated in the opinion. The description in the mortgage was insufficient. Powers v. Larabee, 2 N. D. 141, 49 N. W. 724; Powers v. Bowdle, 3 N. D. 107, 54 N. W. 404; Keith v. Hayden, 2 N. W. 494. The description in a chattel mortgage is sufficient if it is such that the property can be identified by a third person, aided by such inquiries as the instrument…
1Opinion of the CourtPuller, J.
This action between mortgagees for the wrongful conversion of personal property, resulted in a judgment in favor of the defendants, and plaintiff appeals therefrom, and from an order overruling a motion for a new trial.
On the 17th day of August, 1895, John and Mike Bies made to appellant a chattel mortgage upon the following personal property: c ‘One-half of the wheat raised during the year 1895 on the northwest quarter (i) of section six (6) in township one hundred three (103), in range fifty-four (54), in McCook county, South Dakota;” and for a defense to this action to recover the value of…
2Cases cited2 opinions
- Coughran v. SundbackSouth Dakota Supreme Court · 1897
- Leighton v. ServesonSouth Dakota Supreme Court · 1896
3Cited by7 opinions
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1907
- Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Commercial State Bank v. Interstate Elevator Co.South Dakota Supreme Court · 1901
- Parrish v. MahanySouth Dakota Supreme Court · 1899
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