Legal Opinion

Goldberg v. Brule Timber Co.

Supreme Court of Minnesota

Decided June 14, 1918No. 20,855PublishedCited by 3 opinions

Action in the district court for St. Louis county to recover possession of 12 horses and equipment, and in case delivery could not be had for $3,200 the value thereof. The separate answers were general denials. Edmund Ingalls, as trustee in bankruptcy of Brule Timber Company, filed his complaint in intervention and alleged that the bankrupt corporation was the owner of the property. The facts are stated in the opinion.

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Action in the district court for St. Louis county to recover possession of 12 horses and equipment, and in case delivery could not be had for $3,200 the value thereof. The separate answers were general denials. Edmund Ingalls, as trustee in bankruptcy of Brule Timber Company, filed his complaint in intervention and alleged that the bankrupt corporation was the owner of the property. The facts are stated in the opinion. The case was tried before Eesler, J., and a jury which returned a verdict in favor of intervener. From an order denying his motion for a new trial, plaintiff appealed.

1Opinion of the CourtHallam, J.

In October, 1915, the Brule Timber Company, a Duluth corporation, was engaged in logging operations near Ontonagon, Michigan. Plaintiff, a resident of Duluth, sold to this company 12 horses with harness. The property was shipped from Duluth to Ontonagon. The negotiation was . begun in Duluth but was completed after the horses arrived in Michigan. Notes were given for the price and to secure them a chattel mortgage was given covering the property sold and other property. Plaintiff sent the mortgage to the proper officer in Michigan for filing and it was received and filed, but the statute…

2Cases cited27 opinions

  1. Green v. Van BuskirkSupreme Court of the United States · 1869
  2. First Nat. Bank of Baltimore v. StaakeSupreme Court of the United States · 1906
  3. Fearey v. CummingsMichigan Supreme Court · 1879
  4. Mandeville v. . AveryNew York Court of Appeals · 1891
  5. Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1904

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3Cited by3 opinions

  1. Rubenstein v. NourseCourt of Appeals for the Eighth Circuit · 1934
  2. Nelson v. McDonaldSupreme Court of Minnesota · 1922
  3. In re P.T.G. Grain ServiceDistrict Court, D. Minnesota · 1960

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