Baker v. Pottle
Supreme Court of Minnesota
Appeal by defendant, James H. Pottle, from an order of the district court of Hennepin county, Lochren, J., made July 28, 1891, refusing a new trial. Emil V. Koessel was on May 10, 1890, and long had been, a butcher and keeper of a meat market in Minneapolis, Minn.
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Appeal by defendant, James H. Pottle, from an order of the district court of Hennepin county, Lochren, J., made July 28, 1891, refusing a new trial. Emil V. Koessel was on May 10, 1890, and long had been, a butcher and keeper of a meat market in Minneapolis, Minn. The defendant, James H. Pottle, had long been acquainted with him, and on that day loaned him $400, and took his note for the amount, secured by a chattel mortgage upon three horses and three buggies, and the racks, counters, icebox, scales, and tools used in his business. He asked Mr. Pottle not to file the mortgage, as it would…
1Opinion of the CourtDickinson, J.
This is an action of replevin. The defendant claims the right of possession by virtue of two chattel mortgages executed to him by the owner of the property, Koessel, to secure the payment of money loaned at the time such mortgages were given. The first of these was executed on the 10th day of May, 1S90. The mortgagor became insolvent, and the plaintiff was appointed a receiver for the benefit of creditors. The matter in- controversy relates to the validity and effect of these mortgages as respects the creditors of the mortgagor, whom the plaintiff, as receiver, represents. The execution of…
2Cases cited2 opinions
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
- McCarthy v. GraceSupreme Court of Minnesota · 1876
3Cited by12 opinions
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Valley Lumber Co. v. HoganWisconsin Supreme Court · 1893
- Shay v. Security BankSupreme Court of Minnesota · 1897
- Prouty v. BarlowSupreme Court of Minnesota · 1898
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