Citizens National Bank v. Osborne-McMillan Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Burke, Judge. Action by the Citizens’ National Bank of Jamestown against the "Osborne-McMillan Elevator Company. From a judgment for plaintiff and an order denying a new trial defendant appeals. A purchaser of personal property subject to a mortgage is not necessarily a wrongdoer or converter of the property. Sanford v. Duluth D. Elevator Oo. 2 N. D. 6, 48 N. W. 434; Plano Mfg.
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Appeal from District Court, Stutsman county; Burke, Judge. Action by the Citizens’ National Bank of Jamestown against the "Osborne-McMillan Elevator Company. From a judgment for plaintiff and an order denying a new trial defendant appeals. A purchaser of personal property subject to a mortgage is not necessarily a wrongdoer or converter of the property. Sanford v. Duluth D. Elevator Oo. 2 N. D. 6, 48 N. W. 434; Plano Mfg. Oo. v. North-urn P. Elevator Co. 51 Minn. 167, 53 N. W. 202; G-illet v. Eoberts, 57 N. T. 28; Ely v. Ehle, 3 N. T. 506; Abernathy v. Wheeler, 92 Xy. ■320, 36 Am. St. Eep.…
1Opinion of the CourtSpalding, J.
This appeal was taken from a judgment of the district court in favor of the plaintiff and respondent against the defendant and appellant, and from an order of that court denying a new trial. The complaint alleges that one Peter Liegeman, to secure the payment of his promissory note held by the respondent, executed a chattel mortgage on his undivided half of the crop grown during the season of 1908, upon the north half of section 30, in township 133, north of range 62, west, in Stutsman county, and that during the year 1908 said Liegeman raised, harvested, and threshed as his share of said…
2Cases cited18 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- New England Mortgage Security Co. v. Great Western Elevator Co.North Dakota Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
- Vollmer Clearwater Co. v. Union Warehouse & Supply Co.Idaho Supreme Court · 1926
- Huether v. McCaull-dinsmore Co.North Dakota Supreme Court · 1925
- Rolette State Bank v. Minnekota Elevator Co.North Dakota Supreme Court · 1923
4 more not listed; retrieve them via the Exa API.