Dean v. First National Bank
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Lincoln county; Hon. C. S. Palmer, Judge. This was an action in claim and delivery by Frank M. Dean, plaintiff, against the First National Bank of Canton, Dakota, defendant, to recover possession of a part of a general stock of merchandise. The only real issue in the case was the right of property.
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APPEAL from the district court, Lincoln county; Hon. C. S. Palmer, Judge. This was an action in claim and delivery by Frank M. Dean, plaintiff, against the First National Bank of Canton, Dakota, defendant, to recover possession of a part of a general stock of merchandise. The only real issue in the case was the right of property. The plaintiff claimed title and the right to possession under a purchase from M. B. Dean & Co. The defendant claimed the right to possession under a chattel mortgage from the same parties. It appeared that M. B. Dean & Co., a firm at Canton, Dakota, in October, 1885,…
1Opinion of the Court
By the Court :
This case is reversed for the reason that the court allowed evidence to be given as to what the statements and negotiations of the parties to the chattel mortgage were at the time of its execution and which materially altered and varied the terms of the instrument.
All concur except Aikens, J., not sitting.
2Cited by4 opinions
- Washabaugh v. HallSouth Dakota Supreme Court · 1893
- International Milling Co. v. ReiersonSouth Dakota Supreme Court · 1929
- Jewett v. SundbackSouth Dakota Supreme Court · 1894
- Thompson v. Dakota Independent Oil Co.South Dakota Supreme Court · 1939