Legal Opinion

Hollenbeck v. Louden

South Dakota Supreme Court

Decided April 15, 1915No. File No. 3635PublishedCited by 17 opinions

Appeal from -Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action 'by I. O. Hollenbeck against William Louden to foreclose a chattel mortgage upon a stock of merchandise; in which W. A. Hazle as trustee in bankruptcy, intervened. From a judgment for plaintiff, and from an order denying a new trial, intervener appeals. (i) Under point one of the opinion, Appellant cited: National Bankruptcy Act, Sec. 47; First Nat.

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Appeal from -Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action 'by I. O. Hollenbeck against William Louden to foreclose a chattel mortgage upon a stock of merchandise; in which W. A. Hazle as trustee in bankruptcy, intervened. From a judgment for plaintiff, and from an order denying a new trial, intervener appeals. (i) Under point one of the opinion, Appellant cited: National Bankruptcy Act, Sec. 47; First Nat. Bank v. Comfort, 4 Dak. 167; Madden v. Rutten, 16 N. D. 281, 113 N. W. 782; Bergman v. Jones, 10 N. D. 520, 88 N. W. 284; Buckstaff v. Snyder, 54 Nieb. 438, 74 N. W. 863;…

1Opinion of the CourtMcCOY, P. J.

This action was instituted to foreclose a chattel mortgage upon a stock of general merchandise given 'by defendant Louden to plaintiff. Defendant appeared and answered. W. A. Hazle, representing general creditors, as trustee in bankruptcy of defendant, Louden, by intervention, also became a party to the action. Findings and judgment were made and entered in favor of plaintiff adjudging said mortgage to be *323a lien upon said merchandise, and that the proceeds thereof be applied to the satisfaction of plaintiff’s mortgage indebtedness. The said trustee, as intervener, has appealed, assigning…

2Cases cited27 opinions

  1. Robinson v. ElliottSupreme Court of the United States · 1875
  2. Karst v. . GaneNew York Court of Appeals · 1893
  3. Ruggles v. CannedyCalifornia Supreme Court · 1899
  4. Union National Bank v. OiumNorth Dakota Supreme Court · 1892
  5. State v. Mayor of Jersey CitySupreme Court of New Jersey · 1892

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3Cited by17 opinions

  1. Chambers v. WilsonSouth Dakota Supreme Court · 1940
  2. Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
  3. Booren v. McWilliamsNorth Dakota Supreme Court · 1916
  4. Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
  5. Walton v. Commercial Credit Co.South Dakota Supreme Court · 1941

12 more not listed; retrieve them via the Exa API.

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