Willows v. Rosenstien
Idaho Supreme Court
APPEAL from District Court, Latah County. Respondent Willows, on August 11, 1894, executed his promissory note to the appellant Rosenstien for $341.97, due one day after date, and on the same day executed a chattel mortgage upon the crop of wheat to be grown in 1895 upon certain real estate described therein.
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APPEAL from District Court, Latah County. Respondent Willows, on August 11, 1894, executed his promissory note to the appellant Rosenstien for $341.97, due one day after date, and on the same day executed a chattel mortgage upon the crop of wheat to be grown in 1895 upon certain real estate described therein. On or about the tenth day of October, 1895, Rosenstien took possession under the mortgage of a portion of the wheat, for the reason, as he claims, it was not being properly cared for, and that his security was becoming worthless. The defendant Rosenstien sets up by way of separate answer…
1Opinion of the CourtHuston, J.
This is an appeal from judgment and from order denying motion for a new trial. On August 11, 1894, the plaintiff and one Hedrick, then being partners, engaged in farming in Nez Perces county, state of Idaho, were indebted to the defendant in the sum of $341.97. To secure said indebtedness, the plaintiff executed and delivered to the defendant on said date his individual note for said sum; and also, as security for the payment of said note and the interest thereon, executed and delivered to said defendant a chattel mortgage upon the crop of wheat to be sown and grown during the season of 1895…
2Cases cited1 opinion
- Brown v. DunckelMichigan Supreme Court · 1881
3Cited by5 opinions
- Smith v. ThomasIdaho Supreme Court · 1926
- Weiser Loan & Trust Co. v. ComerfordIdaho Supreme Court · 1925
- Moulton v. WilliamsIdaho Supreme Court · 1899
- Keane v. KibbleIdaho Supreme Court · 1915
- Vollmer v. Estate of ReidIdaho Supreme Court · 1904