Gallagher v. Rosenfield
Supreme Court of Minnesota
Plaintiff, as receiver in insolvency of A. J. Berwin, brought this action in the district court for Hennepin county, to have the mortgage which is considered in the opinion adjudged fraudulent and void, and to recover $11,000, the alleged value of the mortgaged property when taken by defendant.
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Plaintiff, as receiver in insolvency of A. J. Berwin, brought this action in the district court for Hennepin county, to have the mortgage which is considered in the opinion adjudged fraudulent and void, and to recover $11,000, the alleged value of the mortgaged property when taken by defendant. An agreed statement of facts was made, upon which the cause was heard by Lochren, J., who held the= mortgage fraudulent and void as to subsequent creditors, and ordered, judgment for plaintiff for $6,000, and interest from the date of.' bringing suit. The defendant appeals from an order refusing a new…
1Opinion of the Court
VandeRbüRgh, J.
In January, 1890, the defendant sold to one Berwin certain personal property, being certain furniture, fixtures, liquors, cigars, and other paraphernalia of a saloon in the city of Minneapolis, then in possession of the defendant, for the consideration of $11,000, payable within two years, according to the conditions of instalment notes, and which at the same date were secured by the purchaser by his chattel mortgage on the property sold. The chattel mortgage, which was duly filed, contained the following stipulation: “It is agreed that the party of the first part [mortgagor]…
2Cases cited13 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Russell v. . WinneNew York Court of Appeals · 1868
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Wallach v. WylieSupreme Court of Kansas · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Hall v. JohnsonSupreme Court of Colorado · 1895
- Pabst Brewing Co. v. ButchartSupreme Court of Minnesota · 1897
- Donohue v. CampbellSupreme Court of Minnesota · 1900
12 more not listed; retrieve them via the Exa API.