Gregory v. Whedon
Nebraska Supreme Court
Error from tbe district court for Lancaster county. Tbe facts of tbe ease are stated in tbe opinion. Tbe mortgage in question was void: First. Because it was not filed till October 21,1876, while E. Mary Gregory purchased and took possession October 4, 1876. Second.
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Error from tbe district court for Lancaster county. Tbe facts of tbe ease are stated in tbe opinion. Tbe mortgage in question was void: First. Because it was not filed till October 21,1876, while E. Mary Gregory purchased and took possession October 4, 1876. Second. Because it purports to cover a stock of goods sold and replenished, and gives mortgagors right of possession and power to sell in tbe usual course of business, and does not even require tbe mortgagors to account for tbe proceeds of sales. Third. Because it purports to cover “ all goods to be hereafter purchased by us (the…
1Opinion of the Court
Maxwell, Ch. J.
In May, 1876, J. D. Minshall & Co., being indebted to Dodd, Brown & Co. in the sum of $1800.00, executed and delivered to said firm certain, promissory notes; and to secure the payment of the same, executed and delivered to said Dodd, Brown & Co., a chattel mortgage on the stock of goods in their store in the city of Lincoln. The mortgage contained the following provisions: “It being the intent hereof to include all goods of every known description, owned and kept by us in said store, and fully and particularly described and mentioned in memoranda of our invoice of said stock…
2Cases cited4 opinions
- Tallon v. John B. Ellison & SonsNebraska Supreme Court · 1873
- Hedman v. AndersonNebraska Supreme Court · 1877
- McCleery v. AllenNebraska Supreme Court · 1878
- Snyder v. KoonsIndiana Supreme Court · 1863
3Cited by9 opinions
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Gallagher v. M. E. Smith & Co.Nebraska Supreme Court · 1894
- Ahlman v. Meyer & SchurmanNebraska Supreme Court · 1886
- Houck v. LinnNebraska Supreme Court · 1896
- Lane v. StarkeyNebraska Supreme Court · 1883
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