Eddy, Fenner & Co. v. Caldwell
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. I. — Parol evidence was properly received to show the identity of the property in controversy with that described in the mortgage, the mortgage being inexplicit. Yol. 2, Gowen, Hill <& Edward's Notes, p. 711. II. — Upon the evidence which is nncontradicted, the verdict should have been for the Defendant. 22’ Smith N, Y. Hep., 37; 1 Ha?'Sons on Oontraots, p. 453, note a, and cases cited.
Read the full summary
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. I. — Parol evidence was properly received to show the identity of the property in controversy with that described in the mortgage, the mortgage being inexplicit. Yol. 2, Gowen, Hill <& Edward's Notes, p. 711. II. — Upon the evidence which is nncontradicted, the verdict should have been for the Defendant. 22’ Smith N, Y. Hep., 37; 1 Ha?'Sons on Oontraots, p. 453, note a, and cases cited. III. — Upon the question of actual notice, there was testimony on both sides, and the jury having passed upon it, a new trial will not be granted. 3 Ora. da…
1Opinion of the Court
Py the Court
Atwater, J.
This was an action brought by the Respondents to recover possession of a span of horses, if which they claimed to be the owners, and alleged that the Defendant had wrongfully taken the property from the possession of the Plaintiff. The Defendant admitted the taking, and justified under a chattel mortgage, executed by one Keough in favor of C. S. Cave and D. W. C. Dunwell, and alleged that said Keough sold to said Cave and Dunwell the said horses with other property described in said mortgage, and that as sheriff of Ramsey County he took the horses under the direction of…
2Cases cited4 opinions
- Burdick v. McVannerNew York Supreme Court · 1846
- Galen v. . BrownNew York Court of Appeals · 1860
- Woodbury v. LarnedSupreme Court of Minnesota · 1861
- Lienau v. MoranSupreme Court of Minnesota · 1861
3Cited by8 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- State v. WilliamsWest Virginia Supreme Court · 1878
- Wells v. WilcoxSupreme Court of Iowa · 1886
- Finch v. GreenSupreme Court of Minnesota · 1871
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
3 more not listed; retrieve them via the Exa API.