Reynolds v. Morton
Wyoming Supreme Court
Error to the District Court, Niobrara County; Hon. William C. Mentzer, Judge. Action by John Morton against William Reynolds to recover the value of certain cattle upon which Morton held a chattel mortgage and which had been sold and removed by the mortgagor.
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Error to the District Court, Niobrara County; Hon. William C. Mentzer, Judge. Action by John Morton against William Reynolds to recover the value of certain cattle upon which Morton held a chattel mortgage and which had been sold and removed by the mortgagor. The mortgages in question were considered by this court in a cause between the same parties reported in 22 Wyo. 174, 136 Pac. 795. The mortgage of Morton was not due and was not in default at the time of the alleged conversion. The plaintiff below is not entitled to recover in an action for conversion. He neither alleged or proved actual…
1Opinion of the Court
Beard, Justice.
In this case the defendant in error, John Morton, commenced the action to recover from the plaintiff in error, William Reynolds, the value of certain cattle upon which Morton held a chattel mortgage, and which cattle Reynolds had purchased from the mortgagor. The trial to a jury resulted in a verdict in favor of plaintiff below, and against the defendant below for $4,451.84. Judgment was entered upon the verdict, and defendant brings the case here on error.
The plaintiff’s cause of action is based upon a chattel mortgage executed by one Rimington and wife to plaintiff August 26,…
2Cases cited14 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Cone v. IvinsonWyoming Supreme Court · 1893
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Bailey v. GodfreyIllinois Supreme Court · 1870
- Stickney v. HughesWyoming Supreme Court · 1904
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