Massachusetts Loan & Trust Co. v. Welch
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Winona county, in October, 1889, to recover possession of a threshing-machine, which had been bought by John Welch, the defendant, of the Minnesota Thresher Manufacturing Company, and mortgaged by him to the same company to secure $325, the unpaid balance of the purchase-money; $108.50 being payable on December 25,1888, the same amount December 25, 1889, and $108 on December 25, 1890, with interest on each instalment at…
Read the full summary
Plaintiff brought this action in the district court for Winona county, in October, 1889, to recover possession of a threshing-machine, which had been bought by John Welch, the defendant, of the Minnesota Thresher Manufacturing Company, and mortgaged by him to the same company to secure $325, the unpaid balance of the purchase-money; $108.50 being payable on December 25,1888, the same amount December 25, 1889, and $108 on December 25, 1890, with interest on each instalment at 7 per cent, per annum, according to the terms of the note given therefor. The mortgage contained the usual provision…
1Opinion of the CourtYanderborgh, J.
The questions involved here grow out of a warranty of a threshing-machine made by the Minnesota Thresher Manufacturing Company, plaintiff’s assignor, on a sale of the machine to the defendant. The latter paid part of the purchase price by turning over to the thresher company an old machine, for which he received credit in the sum of $150, as part-payment of the purchase price at the time of the sale, and gave his notes, secured by a chattel mortgage on the new machine, for the balance of the purchase-money. This action is brought to enforce the chattel mortgage by reason of defendant’s…
2Cases cited3 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- State ex rel. Douglas v. LarsonSupreme Court of Minnesota · 1903
3Cited by11 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Baker v. Nichols & Shepard Co.Supreme Court of Oklahoma · 1901
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Brown v. McGrawWest Virginia Supreme Court · 1925
6 more not listed; retrieve them via the Exa API.