Legal Opinion

State v. Buhnke

Supreme Court of Minnesota

Decided November 9, 1880PublishedCited by 8 opinions

The defendant was tried and convicted in the district court for Scott county, Macdonald, J., presiding, on the following indictment: “Albert B. Buhnke is accused by the grand jury of the county of Scott and state of Minnesota, by this indictment, of the crime of having fraudulently sold and transferred mortgaged personal property with intent to defraud, committed as follows, to wit: That on the 31st day of October, A. D. 1879, the above-named Albert B. Buhnke did, in the…

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The defendant was tried and convicted in the district court for Scott county, Macdonald, J., presiding, on the following indictment: “Albert B. Buhnke is accused by the grand jury of the county of Scott and state of Minnesota, by this indictment, of the crime of having fraudulently sold and transferred mortgaged personal property with intent to defraud, committed as follows, to wit: That on the 31st day of October, A. D. 1879, the above-named Albert B. Buhnke did, in the city of Bochester, in the state of Minnesota, convey by mortgage unto one M. W. Cook the following personal property, to…

1Opinion of the CourtBerry, J.

Gen. St. 1878, c. 39, § 14, is: “That if any person, having conveyed any article of personal property by mortgage, shall, during the existence of the lien or title created by such mortgage, sell, transfer, conceal, take, drive or carry away, or in any way or manner dispose of said property or any part thereof, with intent to defraud, or cause or suffer the same to be done without the written consent of the mortgagee of said property, he shall be deemed guilty of misdemeanor, and shall be liable to indictment,” etc. No construction of this section is entirely free from difficulty; but that…

2Cited by8 opinions

  1. Hunt v. StateNebraska Supreme Court · 1943
  2. State v. MillerSupreme Court of Kansas · 1906
  3. State v. BourneSupreme Court of Minnesota · 1902
  4. State v. HughesNebraska Supreme Court · 1893
  5. State v. BlakeleySupreme Court of Minnesota · 1901

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