Northwestern Nat. Bank v. J. Thompson & Sons Manuf'g Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of South Dakota. This action arose upon the following state of facts: On September 25, 1889. B. L. Adamson executed a chattel mortgage in favor of O. B. Willard to secure the payment of three notes, — one for §1,500, due December 1, 1890; one for §1,500, due December 1, 1891; and one for §2,000, due December 1, 1892. The mortgage covered certain live stock, such as horses, cattle, arid liogs, then on…
Read the full summary
In Error to the Circuit Court of the United States for the District of South Dakota. This action arose upon the following state of facts: On September 25, 1889. B. L. Adamson executed a chattel mortgage in favor of O. B. Willard to secure the payment of three notes, — one for §1,500, due December 1, 1890; one for §1,500, due December 1, 1891; and one for §2,000, due December 1, 1892. The mortgage covered certain live stock, such as horses, cattle, arid liogs, then on Adamson’s farm in Dickey county, N. D., and certain farming utensils and implements then in use on said farm. Subsequently, on…
1Opinion of the CourtThayer, Circuit Judge
We cannot assent to the view that an error was committed either in refusing to exclude all the evidence that was offered by the plaintiff below or in declining to direct a verdict in favor of the defendant. In our judgment, the case was necessarily left, to the jury to decide, and the question to be considered is whether it was submitted to the .jury under proper instructions.
With reference to the duty devolved upon the defendant bank by reason of its having the notes of Adamson in its possession, the circuit court charged the jury, in substance, as follows: That.by vir*115tue of having- such…
2Cited by2 opinions
- National Exchange Bank v. KilpatricSupreme Court of Missouri · 1907
- Warburton v. Trust Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909