Newell v. Wagness
North Dakota Supreme Court
PPEAL from district court, Ramsey county; Charles F. Templeton, Judge. Hon. contended that the transfer of the goods mentioned hereafter in the opinion was in the nature of a pledge; that plaintiffs never claimed to be absolute owners thereof, never sold or disposed of any of them prior to the levy of the attachment by the defendant. The recording of a bill of sale, there being no statute requiring it or authorizing it, is of no effect and is not an assertion of title.
Read the full summary
PPEAL from district court, Ramsey county; Charles F. Templeton, Judge. Hon. contended that the transfer of the goods mentioned hereafter in the opinion was in the nature of a pledge; that plaintiffs never claimed to be absolute owners thereof, never sold or disposed of any of them prior to the levy of the attachment by the defendant. The recording of a bill of sale, there being no statute requiring it or authorizing it, is of no effect and is not an assertion of title. Booth v. Kehoe, 71 N. Y. 341. If, though absolute in form, the transfer to the plaintiffs was intended as security only, and…
1Opinion of the CourtWallin, J.
This is an action of claim and delivery, whereby plaintiffs seek to recover a stock of merchandise, including safe, store fixtures, book-accounts, and bills receivable, seized by defendant as sheriff, under writs of attachment issued in actions instituted by the creditors of one T. T. Lee. The case was tried without a jury, and the district court filed its findings of fact and conclusions of law, and directed that judgment be entered for a return of the property to the defendant, or, in case a return could not be had, for the value thereof to the amount of the attachment liens. Among the…
2Cases cited10 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Lukins v. AirdSupreme Court of the United States · 1867
- Sims v. GainesSupreme Court of Alabama · 1879
- North v. BeldenSupreme Court of Connecticut · 1840
- Bryant v. YoungSupreme Court of Alabama · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Walklin v. HorswillSouth Dakota Supreme Court · 1909
- Congress Candy Co. v. Farmer SellNorth Dakota Supreme Court · 1944
5 more not listed; retrieve them via the Exa API.