Noyes v. Brace
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action to subject personal property to payment of debt. Judgment for defendants, and plaintiffs' appeal. The facts are stated in the opinion. A chattel mortgage is void as against creditors whose debts are incurred after its execution and before it is filed.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action to subject personal property to payment of debt. Judgment for defendants, and plaintiffs' appeal. The facts are stated in the opinion. A chattel mortgage is void as against creditors whose debts are incurred after its execution and before it is filed. Jewett Bros. & Jewett v. Sundback, 58 N. W. 21; Paper v. Gunther, 67 Wis. 101; Thompson v. Van Vechten, 27 N. Y, 568; Feary v. Cummings, 41 Mich. 383; Crippen v. Fletcher, 56 Mich. 386. A chattel mortgage that contains a clause allowing mortgagor to dispose of the…
1Opinion of the CourtCorson, P. J.
This is an action, in the nature of a creditor’s bill, instituted by the plaintiffs against the defendants to subject the personal property of one Lowry, in their possession to the payment of the debts of said Lowry. Judgment for defendants, and plaintiffs appeal. The case was tried by the court and its findings which are deemed material to a determination of this case are as follows: “(2) That on the 10th day of April A. D. 1891, the defendant George W. Lowry was indebted to the defendant the Dakota National Bank * * * in the sum of $2,200, and being so indebted, made, executed and delivered…
2Cases cited13 opinions
- Fearey v. CummingsMichigan Supreme Court · 1879
- Crippen v. JacobsonMichigan Supreme Court · 1885
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
- Waite v. MathewsMichigan Supreme Court · 1883
- First National Bank v. NorthSouth Dakota Supreme Court · 1892
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3Cited by7 opinions
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Campbell, Hunt Adams v. Richardson and EicholzSupreme Court of Oklahoma · 1897
- Noyes v. BraceSouth Dakota Supreme Court · 1897
- Pringle v. CanfieldSouth Dakota Supreme Court · 1905
- Brown Grain Co. v. CoughlinSouth Dakota Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.