Legal Opinion

Lewiston National Bank v. Martin

Idaho Supreme Court

Decided March 3, 1890PublishedCited by 10 opinions

APPEAL from District Court, Kootenai County. A judgment based upon findings which do not determine all the issues raised by the pleadings is a decision against law, for which a new trial may be had. (Knight v. Boche, 56 Cal. 15.) A chattel mortgage reserving the right to dispose of the goods in the usual course of trade is void, and taking possession thereafter by the mortgagee will not cure the fraud. {Wells v. Langbein, SO Fed. 183; Ghenery v. Palmer, 6 Cal. ISO, 65 Am.

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APPEAL from District Court, Kootenai County. A judgment based upon findings which do not determine all the issues raised by the pleadings is a decision against law, for which a new trial may be had. (Knight v. Boche, 56 Cal. 15.) A chattel mortgage reserving the right to dispose of the goods in the usual course of trade is void, and taking possession thereafter by the mortgagee will not cure the fraud. {Wells v. Langbein, SO Fed. 183; Ghenery v. Palmer, 6 Cal. ISO, 65 Am. Dee. 493; Delaware v. Ensign, SI Barb. 85; Parshall v. Eggert, 54 N. Y. 18; Blakeslee v. Bossman, 43 Wis. 116; Stein v.…

1Opinion of the CourtSweet, J.

On the thirty-first day of December, 1887,. James McGrail executed and delivered to S. R. Smith a chattel mortgage, as security for three promissory notes, one note for $319.71 and two for $717.95 each — the first note payable sixty days after date, and the two latter payable seven months-after date — said notes bearing even date with the mortgage above mentioned. The mortgaged property consisted of the contents of a drugstore, including the fixtures thereof, and an apparatus for bottling soda. Among other provisions in said mortgage contained we find the following: “Until default be made in…

2Cases cited2 opinions

  1. Robinson v. ElliottSupreme Court of the United States · 1875
  2. Lyon v. Council Bluffs Sav. BankU.S. Circuit Court for the Southern District of Iowa · 1886

3Cited by10 opinions

  1. Diamond National Corporation v. Dale Lee, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1964
  2. Kettenbach v. WalkerIdaho Supreme Court · 1919
  3. Ryan v. RogersIdaho Supreme Court · 1908
  4. Patnott v. Simpson & Co.Court of Appeals for the Ninth Circuit · 1929
  5. In re SimpsonDistrict Court, D. Idaho · 1929

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