Adams v. Caldwell Milling & Elevator Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action for conversion. Judgment for plaintiff. Plaintiff waived his right to a lien and is estopped from asserting his lien as against this defendant by reason of his failure to assert his rights when he knew the grain was being taken to market and when, by his failure to so act, he permitted the defendant to buy and pay for the grain.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action for conversion. Judgment for plaintiff. Plaintiff waived his right to a lien and is estopped from asserting his lien as against this defendant by reason of his failure to assert his rights when he knew the grain was being taken to market and when, by his failure to so act, he permitted the defendant to buy and pay for the grain. (Knollin v. Jones, 7 Ida. 466, 63 Pae. 638; Ryan v. Rogers, 14 Ida. 309, 94 Pac. 427; Sigel-Campion Livestock Co. v. Holly, 44 Colo. 580, 101 Pae.…
1Opinion of the Court
MCCARTHY, J.-
One Reid executed a chattel mortgage on November 10, 1913, to respondent, securing an indebtedness of $400 due November 10, 1914, with seven per cent interest, and covering a crop of grain to be grown on certain land, the mortgagor to retain possession until maturity of the indebtedness. After threshing the grain, and before the maturity of the note and mortgage, Reid hauled part away and sold it to appellant. It was of the reasonable value of $343.84. In November, 1914, the debt having matured, and being unpaid, respondent foreclosed the chattel mortgage by notice and sale and…
2Cases cited9 opinions
- Knollin v. JonesIdaho Supreme Court · 1900
- Keel v. LevyOregon Supreme Court · 1890
- McConnell v. LangdonIdaho Supreme Court · 1891
- Brande v. Babcock Hardware Co.Montana Supreme Court · 1907
- Pierce v. LangdonIdaho Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Forbush v. San Diego Fruit & Produce Co.Idaho Supreme Court · 1928
- Twin Falls Bank & Trust Co. v. WeinbergIdaho Supreme Court · 1927
- Nohrnberg v. BoleyIdaho Supreme Court · 1925
- Adair v. FreemanIdaho Supreme Court · 1969
- Bodenhamer v. Pacific Fruit & Produce Co.Idaho Supreme Court · 1931
6 more not listed; retrieve them via the Exa API.