Commercial State Bank v. Interstate Elevator Co.
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action by the Commercial State Bank against the Interstate Elevator Company. From a judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. The description of the property in the mortgage is sufficiently definite to put a third person, having no notice, upon inquiry. First Nat.
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Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action by the Commercial State Bank against the Interstate Elevator Company. From a judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. The description of the property in the mortgage is sufficiently definite to put a third person, having no notice, upon inquiry. First Nat. Bk. v. Koechel 8 S. D., 391, 66 N. W. 933; Advance Thresher Co. v. Schmidt, 9 S. D. 490, 70 N. W. 646; Potts v. Newell, 22 Minn.563; Eelker v. Grant, 10 S. D. 141, 72 N. W. 81; Wells v. Wilcox 68 Iowa, 708. It is not…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover of the defendant the value of 500 bushels of wheat alleged to have been converted by the defendant. Judgment for the defendant, and the plaintiff appeals. The plaintiff in its complaint alleged that it was entitled to the wheat by vrtue of a chattel mortgage executed by one Hans Olson to the plaintiff, bearing date the 9th day of June, 1898, given to secure the payment of a certain promissory note executed by said Olson for the sum of $720.75, bearing date the same day, and payable on the 1st day of October, 1898, with interest at the rate of 8…
2Cases cited3 opinions
- First National Bank of Redfield v. KoechelSouth Dakota Supreme Court · 1896
- Coughran v. SundbackSouth Dakota Supreme Court · 1897
- Advance Thresher Co. v. SchmidtSouth Dakota Supreme Court · 1897
3Cited by8 opinions
- Swords v. Occident Elevator Co.Montana Supreme Court · 1924
- Security State Bank v. Clovis Mill & Elevator Co.New Mexico Supreme Court · 1937
- Doering v. SelbyMontana Supreme Court · 1926
- Arro Refining Co. v. Montana & Dakota Grain Co.Montana Supreme Court · 1930
- Schlecht v. HinrichSouth Dakota Supreme Court · 1926
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