Legal Opinion

Kelly-Duluth Co. v. Reed

Supreme Court of Minnesota

Decided June 8, 1923No. 23,219PublishedCited by 1 opinion

Action in the district court for St. Louis county to recover possession of an automobile or the ,sum of $2,500, the value thereof. The case was tried before Hughes, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion to set aside the findings or for a new trial, plaintiff appealed.

1Opinion of the CourtDibell, J.

Replevin for an auto in the possession of the defendant Reed. He alone appeared. There were findings in his favor and the plaintiff appeals from the order denying its motion for a new trial.

On July 9, 1920, the defendant Virginia Auto Company gave one M. E. George, the credit man of the plaintiff, a so-called bill of sale of the auto, then in its possession, to secure money which it owed the plaintiff. It was in fact a mortgage. It was not witnessed nor acknowledged so as to be entitled to be filed as a chattel mortgage and it was not so filed. It was presented to the register of deeds, who…

2Cited by1 opinion

  1. Walker v. FitzgeraldSupreme Court of Minnesota · 1923

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