Rocheleau v. Boyle
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action on official bond of a constable. The cause was tried-before Durfee, J. Plaintiff had judgment below, A chattel mortgage of a stock of goods, used in the way of retail trade, and where the mortgagor is allowed to continue in the possession of the property, and to sell the goods in the usual course of trade, is in law fraudulent and void, as against the creditors of the mortgagor, no matter whether the parties…
Read the full summary
Appeal from Third Judicial District, Deer Lodge County. Action on official bond of a constable. The cause was tried-before Durfee, J. Plaintiff had judgment below, A chattel mortgage of a stock of goods, used in the way of retail trade, and where the mortgagor is allowed to continue in the possession of the property, and to sell the goods in the usual course of trade, is in law fraudulent and void, as against the creditors of the mortgagor, no matter whether the parties intended any actual fraud or not. And an agreement or understanding between the mortgagor and mortgagee of chattels, though…
1Opinion of the CourtHarwood, J.
It appears from the record that on the twelfth day of August, 1889, Alphonse Benjamin, of Deer Lodge County, mortgagor, executed and delivered to A. Rocheleau, mortgagee, a chattel mortgage of property, described therein as follows:/‘All the following described property, situate and being in the city of Anaconda, Deer Lodge County, Montana, to wit: One bay horse, branded 44 on the left shoulder; one bay horse, branded P on left hip, and-on left shoulder; one express wagon; two sets of double harness; one bread-box; three show-cases; one counter scale; one milk-shake machine; one desk; four…
2Cases cited21 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Etheridge v. SperrySupreme Court of the United States · 1891
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Robinson v. ElliottSupreme Court of the United States · 1875
- Jewell v. KnightSupreme Court of the United States · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Luther v. LeeMontana Supreme Court · 1922
- Ryan v. RogersIdaho Supreme Court · 1908
- Noyes v. RossMontana Supreme Court · 1899
- Heilbronner v. LloydMontana Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.