Warner v. Kenning
Supreme Court of Minnesota
This action was brought in the district court for Carver county, to recover possession, with damages for detention, of a steam-engine and attachments alleged to have been taken by defendant without plaintiff’s consent, and wrongfully, from the plaintiff’s factory of which they formed a part. The defendant justified the taking under a chattel mortgage made by Charles and Theodore Kenning, the former owners of the engine.
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This action was brought in the district court for Carver county, to recover possession, with damages for detention, of a steam-engine and attachments alleged to have been taken by defendant without plaintiff’s consent, and wrongfully, from the plaintiff’s factory of which they formed a part. The defendant justified the taking under a chattel mortgage made by Charles and Theodore Kenning, the former owners of the engine. A jury was waived, and the action tried before L. M. Brown, J. “It was agreed between the parties on the trial that the judge should personally inspect the premises and see…
1Opinion of the CourtBerry, J.
In this case, the plaintiff claimed, and was found by the court below, to be owner and entitled to the possession of a certain steam-engine, by virtue of his ownership of a certain lot of land, with a building thereon, used as a place for the manufacture of doors, sash, etc., to which building the engine was attached, forming a part of its machinery. It was found, as a fact, that at the time when the plaintiff purchased the lot and building, the defendant held a chattel mortgage upon the engine, which mortgage was made by the owner of the engine before it was in any manner attached to the…
2Cases cited2 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Hamlin v. ParsonsSupreme Court of Minnesota · 1866
3Cited by7 opinions
- Cross v. Weare Commission Co.Illinois Supreme Court · 1894
- Boeringa v. PerryWashington Supreme Court · 1917
- Dower Lumber Co. v. RodewaldSupreme Court of Minnesota · 1923
- Pioneer Savings & Loan Co. v. FullerSupreme Court of Minnesota · 1894
- Stout v. StoppelSupreme Court of Minnesota · 1882
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