Meyer v. Munro
Idaho Supreme Court
APPEAL from District Court, Boise County. The facts are stated in the opinion. The mortgage in question covered the stock in trade of a wood dealer, permitted him to remain in possession with power to .sell the mortgaged stock, and contained no provision that the proceeds and profits of the sale of said mortgaged property should he applied in payment of the mortgage debt, and is therefore void as to creditors. (Lewiston Nat.
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APPEAL from District Court, Boise County. The facts are stated in the opinion. The mortgage in question covered the stock in trade of a wood dealer, permitted him to remain in possession with power to .sell the mortgaged stock, and contained no provision that the proceeds and profits of the sale of said mortgaged property should he applied in payment of the mortgage debt, and is therefore void as to creditors. (Lewiston Nat. Banlc v. Martin, 2 Idaho, 734, 23 Pac. 920; Harbison v. Tufts, 1 Colo. App. 140,,27 Pac. 1014; Lyon v. Council Bluffs 8av. Banlc, 29 Eed. 666; Aiken v. Pascall, 19 Or.…
1Opinion of the CourtStockslager, J.
This case was tried in the district court of Boise county. A jury, together with findings of fact and conclusions of law, were expressly waived. Judgment was rendered and entered in ifavor of the plaintiff for the sum of $448.81 and costs. Judgment filed and entered November 30th, 1901.
On the twenty-seventh day of June, 1902, a statement on motion for a new trial was settled and allowed, and on the twenty-third day of August, thereafter, the motion was overruled. It is from this order the appeal is taken. The complaint alleges the conversion of two hundred and sixty-eight cords of cordwood by…
2Cases cited8 opinions
- Wilson v. VoightSupreme Court of Colorado · 1886
- Winchester & Partridge Manufacturing Co. v. CrearySupreme Court of the United States · 1885
- Grimes Dry Goods Co. v. MalcolmSupreme Court of the United States · 1896
- Rocheleau v. BoyleMontana Supreme Court · 1892
- Lewiston National Bank v. MartinIdaho Supreme Court · 1890
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3Cited by3 opinions
- Buhl State Bank v. GlanderIdaho Supreme Court · 1936
- Hopkins v. HemsleyIdaho Supreme Court · 1933
- Johnson v. TuttleSupreme Court of Vermont · 1936