Smythe v. Muri
North Dakota Supreme Court
Appeal from tbe District Court of Pierce County, A. G. Burr, J. From an order denying plaintiff’s motion for a now trial, be appeals. A mortgagee of personal property bas tbe right of possession at any time, under a mortgage wbicb provides that tbe. mortgagee may take possession “whenever it may choose to do so;” upon exercising such right. Jones, Chattel Mortg. p. 191; Russell v. Fillmore, 15 Yt. 130; Comp.
Read the full summary
Appeal from tbe District Court of Pierce County, A. G. Burr, J. From an order denying plaintiff’s motion for a now trial, be appeals. A mortgagee of personal property bas tbe right of possession at any time, under a mortgage wbicb provides that tbe. mortgagee may take possession “whenever it may choose to do so;” upon exercising such right. Jones, Chattel Mortg. p. 191; Russell v. Fillmore, 15 Yt. 130; Comp. Laws 1913, §§ 6Y40, 6Y58; Wells v. Chapman, 59 Iowa, 658, 13 N. W. 841; Rich v. Milk, 20 Barb. 616. Where the mortgage contains the usual “insecure clause,” the mortgagee may take…
1Opinion of the CourtFisk, C. J.
Plaintiff, as trastee in bankruptcy of the Hilmen Mercantile Company, brought this action to recover the possession of certain personal property covered by a chattel mortgage given by defendant to such company. The action was instituted in June, 1913, and the promissory notes, aggregating the sum of $2,700, which were secured by such mortgage, were on their face not due until October 1, 1913. In his complaint plaintiff asserted his right to the immediate possession of the securities under the usual insecurity clause in the mortgage authorizing the mortgagee to take possession and foreclose…
2Cases cited10 opinions
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Farwell v. HanchettIllinois Supreme Court · 1887
- Brook v. BaylessSupreme Court of Oklahoma · 1898
- Deal v. D. M. Osborne & Co.Supreme Court of Minnesota · 1889
5 more not listed; retrieve them via the Exa API.