Legal Opinion

Jensen v. Bowles

South Dakota Supreme Court

Decided May 26, 1896PublishedCited by 1 opinion

Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action to recover $1,880 alleged to be due plaintiff as the balance of the price of the stock of goods sold by defendants after deducting $3,000 owing them by plaintiff. The court directed a verdict in favor of defendants, and from a judgment entered thereon plaintiff appeals. The facts are stated in the opinion, Every element of a pledge is wanting in this case.

Read the full summary

Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action to recover $1,880 alleged to be due plaintiff as the balance of the price of the stock of goods sold by defendants after deducting $3,000 owing them by plaintiff. The court directed a verdict in favor of defendants, and from a judgment entered thereon plaintiff appeals. The facts are stated in the opinion, Every element of a pledge is wanting in this case. Loner-gan v. Stewart, 55 Ill. 44-49; Poster v. Pettibone, 7 N. Y. 433-435; Schouler on Bailments and Carriers 5.

1Opinion of the CourtCorson, J.

The plaintiff, being indebted to the defendants in the sum of $3,000, secured by a chattel mortgage on a stock of goods owned by the plaintiff, turned over said goods so mortgaged to the defendants, upon an agreement or understanding alleged as follows in the complaint: “That, to secure the payment of said indebtedness, and in order to enable the defendants more readily to procure payment of said sum so due to them, the said plaintiff did pledge and deliver to said defendants, to hold in trust, and not otherwise, all of said property, with privilege to sell and dispose of the same, and out of…

2Cases cited3 opinions

  1. Lonergan v. StewartIllinois Supreme Court · 1870
  2. Foster v. . PettiboneNew York Court of Appeals · 1852
  3. New-York Central Insurance v. National Protection InsuranceNew York Court of Appeals · 1856

3Cited by1 opinion

  1. Rauer v. RyndCalifornia Court of Appeal · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API