Minneapolis Threshing Machine Co. v. Calhoun
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. HoN. Joseph W. Jones, Judge. Action by the Minneapolis Threshing Machine Company,. against M. W. 'Calhoun, with- Giles E. Pettigrew, as garnishee, and the First National Bank -of Flandreau, S. D., and others, impleaded as defendants. From a judgment for defendant's, and from an- order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: 7 Cyc. 47 and cases cited; New Eng. Mortgage S-ecur.
Read the full summary
Appeal from Circuit Court, Moody County. HoN. Joseph W. Jones, Judge. Action by the Minneapolis Threshing Machine Company,. against M. W. 'Calhoun, with- Giles E. Pettigrew, as garnishee, and the First National Bank -of Flandreau, S. D., and others, impleaded as defendants. From a judgment for defendant's, and from an- order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: 7 Cyc. 47 and cases cited; New Eng. Mortgage S-ecur. Co. v. Great Western Elevator Co., 6 N. D. 407; Cases cited in note 43 L. R. A. (N. S.) 303; 7 'Cyc. 49, and cases cited; Maier…
1Opinion of the CourtPolley, P. J.
Just prior to the commencement of this action, the defendant 'Calhoun was the owner of a considerable amount of personal property, all of which was mortgaged to various parties to secure the payment of debts owing to them by said Calhoun. In order that said indebtedness might be paid, an agreement was entered into 'between the said Calhoun and said mortgage creditors, whereby the said property was to be sold and the proceeds thereof applied in payment of said debts. It was" agreed that the -said Calhoun should advertise all of said property for -sale at public auction, and that one Giles E.…
2Cases cited9 opinions
- Maier v. FreemanCalifornia Supreme Court · 1896
- Hoyt v. ClemansSupreme Court of Iowa · 1914
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
- Smith v. ClarkSupreme Court of Iowa · 1897
- Carr v. BrawleySupreme Court of Oklahoma · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- Farmers' Nat. Bank v. Missouri Livestock Commission Co.Court of Appeals for the Eighth Circuit · 1931
- Arlt v. LangleySouth Dakota Supreme Court · 1929
- Farmers' State Bank of Alva v. KavanaughSupreme Court of Oklahoma · 1924
- Southern Wisconsin Acceptance Co. v. PaullWisconsin Supreme Court · 1927
25 more not listed; retrieve them via the Exa API.