Merchants' National Bank v. Mann
North Dakota Supreme Court
PPEAL from district court, Bamsey county; Hon. D. E. Morgan, Judge. Action by the Merchants’ National Bank, of Devils Lake, against Frank W. Mann & Co. and Ever Wagness for conversion. From an order sustaining a demurrer to the complaint, plaintiff appeals. A chattel mortgage given upon property not in esse -is valid. Bank v. Elevator Co., 43 N. W. Bep. 806; Mitchell v. Winslow, 2 Story 630; McCaffrey v. Woodin, 65 N. V. 459; 4th Amer. & Eng.
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PPEAL from district court, Bamsey county; Hon. D. E. Morgan, Judge. Action by the Merchants’ National Bank, of Devils Lake, against Frank W. Mann & Co. and Ever Wagness for conversion. From an order sustaining a demurrer to the complaint, plaintiff appeals. A chattel mortgage given upon property not in esse -is valid. Bank v. Elevator Co., 43 N. W. Bep. 806; Mitchell v. Winslow, 2 Story 630; McCaffrey v. Woodin, 65 N. V. 459; 4th Amer. & Eng. Enc. of Law, p. 903. The description in the mortgage was ample. Jones on Mortgages, § 55; Bawlins v. Kennard, 41 N. W. Bep. 1004; Page v. Kendig, 7 Atl.…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
This was an action for conversion of certain grain, brought by plaintiff as mortgagee. A demurrer to the complaint was sustained, and plaintiff appealed. The sole question raised relates to the sufficiency of the description in the mortgage. The mortgage was given in March, 1888, to secure a note due December 1, 1888, and the portion of the description upon which the attack is made reads as follows: “All the crops of every nature, name, and description, to be sown, grown, planted, cultivated, or harvested during the years A. D.…
2Cases cited14 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Cadwell v. PrayMichigan Supreme Court · 1879
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Payne v. McCormick Harvesting Machine Co.Supreme Court of Oklahoma · 1901
- Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894
- Sykes v. HannawaltNorth Dakota Supreme Court · 1895
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.