State Bank v. O. S. Kelley Co.
Nebraska Supreme Court
Motion by defendant in error for a rehearing of case reported in 47 Neb., 678. Tootle v. First Nat. Bank of Ghadron, 34 Neb., 863; People’s Savings Bank v. Bates, 120 U. S., 556; 1 Cobbey, Chattel Mortgages, sec. 129.
1Opinion of the CourtNorval, J.
This is an application for a rehearing of the case reported in 47 Neb., 678, upon the single ground, namely, *243that this court erred on holding in the former opinion that a person who takes a chattel mortgage to secure a pre-existing debt can be a mortgagee in good faith within the meaning of the statute. That a mortgage upon chattels given to secure a pre-existing demand will protect the mortgagee as fully as though a new consideration had been paid, is not a new doctrine in this state. It was laid down in 1882 in Turner v. Killian, 12 Neb., 580, and has been reasserted in the following cases:…
2Cases cited5 opinions
- Turner, Frazer & Co. v. KillianNebraska Supreme Court · 1882
- Tootle v. First Natl. BankNebraska Supreme Court · 1892
- Chaffee v. Atlas Lumber Co.Nebraska Supreme Court · 1895
- State Bank v. O. S. Kelley Co.Nebraska Supreme Court · 1896
- Beagle v. MillerNebraska Supreme Court · 1893
3Cited by8 opinions
- United States v. PirnieDistrict Court, D. Nebraska · 1972
- Skala v. MichaelNebraska Supreme Court · 1922
- Rachman v. ClappNebraska Supreme Court · 1897
- State Bank v. GroverNebraska Supreme Court · 1923
- Weigand v. HydeNebraska Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.