Cope v. Minnesota Type Foundry Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County. Henry -C. Smith, Judge. Action by George F. Cope, cashier, against the Minnesota Type Foundry Company and others. Judgment for plaintiff. Some of the defendants appeal. Statement of the case by the justice delivering the opinion. The nature and history of this case are fully stated in the former report thereof.
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Appeal from District Court, Lewis and Clarice County. Henry -C. Smith, Judge. Action by George F. Cope, cashier, against the Minnesota Type Foundry Company and others. Judgment for plaintiff. Some of the defendants appeal. Statement of the case by the justice delivering the opinion. The nature and history of this case are fully stated in the former report thereof. (20 Mont. 67, 49 Pac. 387.) The action was originally brought by George F. Cope, cashier, against the defendants, the Minnesota Type Foundry Company, J. Henry Jurgens and Lucien Eaves. A demurrer to the amended answer of defendants…
1Opinion of the CourtHunt, J.
— The question for decision is : Was the affidavit for renewal, which respondent relies upon, sufficient to renew the mortgage ? The affidavit is as follows :
‘ ‘George F. Cope, cashier, being duly sworn, deposes and says : (1) That he is the mortgagee named in a certain chattel mortgage made and executed by Lucien Eaves, the mortgagor therein named; (2) that said mortgage bears date upon the 22nd day of June, 1895, and that the same was filed of record in the office of the County Recorder of the County of Lewis and Clarke, and State of Montana, upon the 22nd day of June, 1895; (3) that the…
2Cited by2 opinions
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