Fletcher Bros. v. Nelson
North Dakota Supreme Court
Error to District Court, Richland County; Latider, J. Claim and delivery by Fletcher Bros, against Edward M. Nelson. There was a verdict for plaintiffs, and from an order setting the same aside, and granting a new trial, they appeal.
1Opinion of the CourtWallin, C. J.
This action was brought to recover the possession of certain personal property, to-wit, two mares, one colt, and a couple of oxen. Plaintiff’s claim the right of possession under a chattel mortgage covering the property, which was executed and delivered by the defendant to secure a promissory note for $115. By his answer defendant admits the execution and delivery of the note and mortgage. Further answering, the defendant alleges that the note was given for the purchase price of one of the mares; that said mare was sold with a warranty to the defendant as to her age, soundness, trueness in…
2Cases cited22 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
- Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
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3Cited by13 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Bormann v. BeckmanNorth Dakota Supreme Court · 1945
- Dehn v. Otter Tail Power Co.North Dakota Supreme Court · 1977
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
- Collins v. CarterMississippi Supreme Court · 1929
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